High Court Jharkhand High Court

Deyanat Hussain & Ors vs State Of Jharkhand & Ors on 20 October, 2008

Jharkhand High Court
Deyanat Hussain & Ors vs State Of Jharkhand & Ors on 20 October, 2008
                In the High Court of Jharkhand at Ranchi

                      W.P.(S) No.2365 of 2007

                Deyanat Hussain and others............................Petitioners

                      VERSUS

                State of Jharkhand through the Secretary,
                Human Resources Development Department,
                Government of Jharkhand and others.............. Respondents

                CORAM: HON'BLE MR. JUSTICE R.R.PRASAD

                For the Petitioners: Mr. Rajiv Ranjan
                For the State      : Mr. P. Modi
                For the Intervener : Mr. S.K.Tiwary

Reserved on 20.8.2008                                    Delivered on 20.10.2008

7.   20.10.08

This writ application has been filed for a direction to the

authorities to consider the case of the petitioners, all trained

teachers waiting for their appointments for more than a decade on

the post of teachers in the primary school in the light of the

decision rendered in a case of Nand Kishore Ojha vrs. The State of

Bihar and others (C.W.J.C No.13246 of 2003).

The case of the petitioner is that prior to 1988, all the

appointments on the post of teacher in the State of Bihar were

being made on the basis of a panel prepared district wise of all the

trained techers but the Government of Bihar in the year 1991 gave

good-bye to the existing rule by issuing notification dated 5.3.1991

wherein eligibility of training for appointment to the post of

teachers was dispensed with and accordingly, invited applications

even from untrained teachers for the appointments on the post of

teachers in primary schools.

Some of the person possessing teaching qualification, being

aggrieved with that decision, filed a writ application before the

Patna High Court assailing process of selection of the Bihar Public

Service Commission on the ground that the decision of district wise

selection is not fair and the Court having accepted the submission
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held that the eligible candidates have a right of consideration for

the appointment in any one or other district cadre of Assistant

Teachers and the State could not force a person to confine his

application for a particular cadre. But the Patna High Court did not

set aside the process of selection. Subsequently the appointments

were made on that basis. However, the said decision was

challenged before the Hon’ble Supreme Court in S.L.P(Civil)

No.23187 of 1996 wherein it was placed that out of 25,000 posts

advertised for the appointments of teachers in primary school,

19,272 persons have already been appointed as Assistant Teacher

in various schools and out of them, number of trained teachers

were 1991 whereas 6000 posts remained vacant. The Court

having considered the pros and cons of the case, disposed of

Special Leave Petition with certain directions, some of them which

is relevant for the purpose of decision of this case is being quoted

hereinbelow:

(i ) That commission shall conduct a special selection for
the purpose of appointment on these unskilled posts
from amongst applicants who have submitted the
applications.

(ii) The selection shall be confined to applicants possessing
teachers training qualifications obtained from
Government/Private Teachers Training Institutions.

In spite of such direction, when nothing was done by the

State of Bihar, the matter was again agitated in a writ application,

bearing C.W.J.C.No.13246 of 2003 (Nand Kishore Ojha vrs. The

State of Bihar and others) when the matter was taken for hearing

the State of Bihar was subjected to severe criticism on account of

non-compliance of the order of the Hon’ble Supreme Court passed

in S.L.P No.23187 of 1996. However, the writ application was

disposed of with a direction to the respondent to follow the

judgment and direction given by the Hon’ble Supreme Court in the

case of Vijay Kumar and others vs. The State of Bihar and others in
3

S.L.P (Civil) No.23187 of 1996 by considering the case of trained

teachers for recruitment by selection or otherwise.

The State Government being aggrieved with that decision,

filed a petition for Special Leave before the Hon’ble Supreme

Court but subsequently that was withdrawn.

Further case is that in spite of direction given by the Hon’ble

Supreme Court and also by the Patna High Court, when the State

of Bihar did not act as per the direction given by the Court, a

contempt petition, bearing Contempt Petition No.287 of 2006 was

filed before the Hon’ble Supreme Court wherein an affidavit was

filed on behalf of the State of Bihar stating therein that priority has

been given to the trained teachers in the matter of appointment

and only if trained teachers are not available to sufficient numbers,

the case of untrained teachers would be considered keeping in view

the said assertion, the contempt petition was disposed of.

Under these circumstances, submission was made on behalf

of the petitioners that the petitioners, who have received training

from different Government Training Colleges more than a decade

ago be directed to be appointed on the post of teachers in primary

school, pursuant to direction of the Hon’ble Supreme Court and

also by the Patna High Court.

Having heard learned counsel appearing for the parties, it

does appear that when the matter relating to appointment of

trained teachers in primary school came up before the Hon’ble

Supreme Court in S.L.P (Civil) No.23187 of 1996, direction was

given to the Commission ( Bihar Public Service Commission) to

conduct special selection process for the purpose of appointment of

unfilled posts from amongst the applicants who have submitted the

applications and have received training from Government/ Primary

Teachers Training Institute. Subsequently, Patna High Court in the
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case of Nand Kishore Ojha vs. The State of Bihar and others

(supra) directed the State of Bihar to follow the judgment and

direction given by the Hon’ble Supreme Court. Thus, whatever

direction was given either by the Hon’ble Supreme Court or by the

Patna High Court, that was against the State of Bihar and not to

the State of Jharkhand and that too said direction was given much

after bifurcation of the State and as such, any direction given by

the Patna High Court to the State of Bihar, that is not binding upon

the State of Jharkhand. Moreover, it appears from the counter

affidavit filed on behalf of the State of Jharkhand that after the

State of Jharkhand came into being, a new rule named as

“Jharkhand Elementary Teachers Appointment Rules 2002” was

framed for the purpose of appointment of teachers in elementary

schools wherein eligibility was fixed for appointment of the

Assistant Teacher in Elementary School as Intermediate or the

equivalent examination with two years teacher’s training or

equivalent training/ B.EL.Ed (Graduate in elementary education) /

B.Ed. CP. Ed of two years (for physical teachers). Thereupon,

Jharkhand Public Service Commission in terms of provision of the

appointment rules issued advertisement in the newspaper in

August, 2002 whereby inviting applications from the eligible

candidates were invited for appointment on the post of teachers in

Elementary School and at that time, relaxation of age of five years

was granted. Subsequently, process of appointment was

completed and now fresh advertisement has been made for

appointment on the post of teachers in Elementary School from the

eligible candidates.

Under this situation, the petitioners are not entitled to get

any relief and, hence, this application is dismissed.

ND/                                             (R.R.Prasad, J.)