IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11108 of 2001
ARUN KUMAR AMAR .
Versus
THE STATE OF BIHAR & ORS .
with
CWJC No.1879 of 2002
RAJENDRA JHA .
Versus
THE STATE OF BIHAR & ORS .
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10. 27.01.2011 The grievance of the petitioners in the two writ
petitions are related to the final gradation list of Assistant
Teachers of Deaf and Dumb Schools run by the Welfare
Department of the Government. It appears that there were certain
schools already run by the Government as Deaf and Dumb
Schools. There were private institutions as well, in which there
were duly recruited teachers. In 1977 Government took that all
private Schools as such. Thus, amongst teachers there were
teachers who were earlier teachers of private school and teachers
of Government School. So far as teachers of private school are
concerned (like petitioners), it is in dispute that they were not
required to be trained teachers. Thus, without training they were
validly appointed, but so far as Government Schools are
concerned, the requirement was that they should be trained
teachers. Upon take over the untrained private school, teachers
were required to get training. They get their training. While
preparing the gradation list of this combined cadre now
provisional list showed position of parties as per their date of
joining/recruitment as teachers. But when final gradation list
(Annexure-12) was published petitioners were shifted down on
2
the ground that seniority would be counted from the date they
passed the teachers’ training examination, which was obviously
subsequent to take over and or appointment of Government
teachers, though they were already in valid service from long
before.
In the second writ petition, the case is same.
Different persons were entered the cadre, much later, though had
obtained training before. The private respondents state that they
have not received the counter affidavit of the State in which the
anomalous as taken in the earlier counter affidavit have been
extended.
Put up on 31.01.2011 retaining its position to
enable private respondents to respond if any.
Devendra/ ( Navaniti Prasad Singh, J.)