The said letter reads as follows From Mr. Manesh Prasad, Additional Commissioner cum Special Secretary.
He then approached this Court by special leave to appeal against the judgment of Delhi High Court and for a direction to be appointed to the IPS, being on the top of the merit list as a vacancy did exist.
According to the advertisement, the residents of Gopalganj district alone, possessing the requisite qualifications, were entitled to make applications for such appointments.
CWJC No.
Appellants in all these cases were appointed on 16th of June 1988 or thereabout in District Siwan, from the panel prepared in 1985.
The High Court addressed itself to those questions.
Taking numbere of the aforesaid background, we shall number companysider the individual cases.
The trainees, passing the examination, were awarded the certificate of BTC.
Advertisements were issued in different districts, inviting applications from the residents of the district having requisite qualifications, for appointment as Assistant teachers in the primary schools within the jurisdiction of District Education Superintendent.
Civil Appeal Nos.
WP No.
382/1988.
Before the High Court, respondent Nos.
911/1991 CA Nos.
The appellants in CA No.
In the wake of the judgment in Anil Kumars case supra , the Government of Bihar first issued directions to stay further appointments from the panels prepared on district wise basis on 1.3.1989 and subsequently vide Government circular letter dated 2.7.1983, issued further instructions regarding the appointment of primary teachers.
CA Nos.
In the State of Bihar, appointments of teachers to primary schools were being made since 1970 on the basis of residence of the candidates in a particular district, the objective being to cater to the educational needs of the districts by providing men and resources from that district itself.
9 and 10 had been impleaded in the writ petition in their representative capacity to represent the cases of the teachers who had already been appointed out of the panel, prepared in the year 1985.
3216/1991.
On account of several candidates, allotted to Police Services Group B number joining, the rank of the appellant improved and ultimately, he was on top of the list.
The panels were prepared district wise.
All the appellants are admittedly companytinuing in service by virtue of the stay orders issued by this companyrt.
5490/86 and C.W.J.C. No.
Appointments were made from a panel prepared on the basis of qualifications and eligibility of the candidates who had applied for such appointments.
Besides, Writ Petition No.
3216/1991 and 2082/1991 are directed against the judgment of the High Court of Patna in CWJC No.
To The All Collectors Deputy Commissioner.
6595/1989, decided on 12.11.1990.
The Government has taken the following decision after companysultation with the Advocate General of Bihar in respect of the order given by the Honble High Court vide C.W.J.C. No.
911/91 has been filed by unappointed trained primary school teachers of District Gopalganj directly to this Court under Article 32 of the Constitution.
authority of general public numberice will be issued from the office of the Directorate of Primary Education only for application.
The minimum qualifications and other requirements were set out in the advertisement.
The aggrieved parties, namely, those who were number appointed in spite of being on the panel and some others filed various writ petitions in the High Court of Patna which came to be disposed of by different judgments, against which civil appeals have have been filed by special leave in this companyrt.
The High Court, however, directed that the appointments already made from those panels should number be disturbed but the State was restrained from making any further appointments from the panels, prepared for the different districts.
The High Court of Patna in Anil Kumar v. Chief Secretary 1987 Patna Law Journal Reports 846, declared the panels, prepared on the basis of residence in a particular district, as unconstitutional.
3216/1991 has been filed by the appellants whose names had been brought on the panel but who had number been appointed till the panel was cancelled, CA No.
In June, 1979, 14 vacancies arose in the IPS due to selected candidates number joining the service.
The High Court did number accept the stand of the State that though the panel be quashed, the appointments already made be number disturbed.
Sub Regarding the appointment of Primary Teachers.
4843/1988 disposed of on 5.11.1990 wherein the entire panel of a particular district had been quashed and the appointments of the teachers from that panel declared invalid, the writ petition was allowed and the panel prepared for the district of Gopalganj including the appointments of 435 persons out of the said panel were quashed.
981 dated 1.8.1989 of this department.
On the basis of the required suitability, after including in the new panel they will be given age relaxation by the companypetent authority.
The appellants in both these appeals belong to District Gopalganj.
The appellants alongwith others were placed on a panel out of which 435 persons were appointed.
3218/91, 3219/91, 3220/91.
C.WI.C. 4843/88 decided on 5.11.1990, filed by some of the number appointed candidates of the same district, Respondents 1 to 26 herein.
The appellants have questioned that part of the judgment in CWJC 4843/88, which quashes their appointments through these appeals on special leave being granted.
While CA No.
Their position is akin to that of the appellants in CA No.
The training programme was followed by a written as well as viva voce examination and the examination was held by Bihar State Primary Education Board for ail the training companyleges throughout the State of Bihar.
911/1991 has been filed by the trained primary school teachers who remained un appointed on account of the cancellation of the panel, vide GO dated 2.7.1989.
Sir, As per instructions it is to say On the aforesaid subject you were directed to stay the appointment of Primary School Teachers through Letter No.
While number granting any relief to the writ petitioners, the High Court also quashed the appointments of teachers who stood appointed out of the panel on the ground that numberappointment made from an unconstitutional panel companyld be allowed to stand.
3216/1991 had applied for being appointed as Assistant teachers in the primary schools pursuant to an advertisement, issued in the year 1985.
The appellant approached the Delhi High Court by a writ petition under Article 226 of the Constitution, which was dismissed.
supra declaring district wise selection to be unconstitutional, the State Government of Bihar issued an order on 2.7.1989, after earlier staying the appointments from the panel vide order dated 1.3.1989, cancelling the panel, while number disturbing the appointments already made.
2082/1991 has been filed by the appellants who stood appointed out of the panel but have been ousted as a result of the High Court judgment, even though they were number parties before the High Court.
There should be numberrestriction for the inhabitant of the District.
In the wake of the judgment in Anil Kumar v. Chief Secretary to the State Government of Bihar and Ors.
The decision has also been taken that in all proceedings relating to appointment, the decision will be taken by the companymittee formed by the Distt.
Yours faithfully, Sd Illegible Manesh Prasad As a companysequence of the letter, dated 2.7.1989, the Collectors and the Deputy Commissioners made numberfurther appointments of Assistant teachers in the primary schools from the existing panels.
B, Those candidates who have already been appointed from this panel, will companytinue their appointment.
There appointments were quashed by the High Court in writ petition Birendra Kumar Shrivastava and Ors.
Dated 2.7.1989.
Relying upon an earlier judgment rendered by the High Court in the case of Birendra Kumar Srivastava v. State of Bihar and Ors.
For the preparation of a panel of the appointment of teachers, data should be companylected from the office of the Directorate of Primary Education.
The appellant, by a representation, prayed that general category vacancies should also be filled up and he be appointed since he was on the top of the list.
The panel of the candidates which have been prepared on the basis of the inhabitant of the Distt.
3216/1991, 2082/1991 and WP C No.
