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Friday, July 26, 2013

Service matter - appointment of trained teachers in the vacancies in the post of primary teachers in the state of Bihar = several trained teachers for a direction upon the State of Bihar to appoint them in the vacancies in the post of primary teachers in the State of Bihar. = Be that as it may, in the event, some discrepancies had crept in the final select list, the individual grievances contained various anomalies, which it is difficult for us to unravel. Accordingly, we modify our order dated 13th October, 2011, and allow the applicants to approach the High Court for redressal of their grievances. We also direct that the applications, special leave petitions and writ petitions filed before us be treated as withdrawn, with liberty to the parties to approach the High Court individually or otherwise, for relief, if any, but without, in any way, affecting the appointments of those teachers who have already been appointed against the vacant 34,540 posts and are working. We have been informed during the hearing that about 2413 posts out of the 34,540 posts were still left to be filled up. All the applications, Special Leave Petitions and Writ Petitions are, therefore, disposed of in the light of the aforesaid observations. We make it clear that none of the persons appointed out of the 34,540 vacancies should be disturbed in any way, but the question of filling up the balance vacancies may be taken into consideration, while disposing of the applications in question.

                 Reported in      http://judis.nic.in/supremecourt/imgst.aspx?filename=40581                                       
   REPORTABLE


                        IN THE SUPREME COURT OF INDIA



                        CIVIL APPELLATE JURISDICTION


               SPECIAL LEAVE PETITION (CIVIL) NO.26824 OF 2012







          YASHWANT SINGH & ORS.             … PETITIONERS



                    VS.



          STATE OF BIHAR & ORS.             … RESPONDENTS



                                    WITH


      I.A.Nos. 668, 669, 671, 674, 675, 676, 677, 679, 680, 681,   and   Dy.
      Nos.96650,102358, 102908, 107866/2011  and  1117,  1251,  3372,  3363,
      4307,  4775,  5820, 4785, 5802, 7277, 8002, 7861, 7860,  8223,   8232,
      8025,  8709,  9296,  9291, 9610, 9582,  10029,  10303,  10783,  10777,
      10773, 10772, 10817,  10822,  11173, 4069, 11080, 11355, 11872, 12010,
      12009, 12012, 12523, 4473,  13535,  13533, 13883, 14230, 14529, 14902,
      14901, 15677, 5602, 17890, 17893, 19256,  20919, 20920,  5727,  22003,
      30504/2012  and  Contempt   Petition   (C)   No.87/2013   in  Contempt
      Petition (C) No.297/2007 in S.L.P. (C) No.22882 of 2004


      W.P. (C) No.49 of 2013


      S.L.P. (C) No.5946 of 2013


      Writ Petition (C) No.344 of 2012







                                  O R D E R







      ALTAMAS KABIR, CJI.




      1.  Special Leave Petition (Civil) Nos. 22882-22888 of 2004 were filed by several trained teachers for a direction upon the State of Bihar to appoint them in the vacancies in the post of primary teachers  in  the State of Bihar.  
The same was withdrawn on  an  undertaking  given  on
      behalf of the State of Bihar on 18th January, 2006, 
whereby the  State
      of Bihar committed itself to recruiting  and  filling  up  the  vacant
      posts of teachers in  primary  schools  with  trained  teachers.   
The
      undertaking given by the State of Bihar reads as follows:
           "That in the meantime, it has been decided that trained teachers
           be recruited on the vacant  posts  available  in  the  State  of
           Bihar. 
The Bihar Elementary  Teachers  Appointment  Rules,  2003
           having been quashed by the Patna  High  Court,  new  recruitment
           rules are contemplated to facilitate   recruitment   of  trained
           teachers  in  a  decentralized  manner,  by  giving   them   age
           relaxation as ordered by the High Court.


           That Chapters 6 and 7 of the Bihar Education  Code  relating  to
           oriental education and hostels and messes will be kept in  mind,
           as directed by the Patna High Court, while making recruitment of
           teachers.


           That it is respectfully  submitted  that  since  the  number  of
           available trained teachers in the State is expected to  be  less
           than the available vacancies, no test for selection is  required
           to that  extent,  a  reference  to  this  Bihar  Public  Service
           Commission for initiating the process of recruitment of  trained
           teachers may not be necessary, and the  order  of  this  Hon'ble
           Court and of  the  Patna  High  Court  in  this  regard  may  be
           modified"



      2.          The application made for withdrawal of the  Special  Leave
      Petition was  disposed  of  by  this  Court  on  23rd  January,  2006.
      Subsequently,  when  the  State  of  Bihar  failed  to  abide  by  its
      commitments and assurances, the Petitioner, Nand Kishore  Ojha,  filed
      Contempt Petition (Civil) No. 207 of 2006, and the same  was  disposed
      of with  a  direction  upon  the  State  of  Bihar  to  implement  the
      undertaking given earlier, upon a  categorical  statement  being  made
      that priority would be given to the trained  teachers  in  matters  of
      appointment in the said posts.


      3.          Thereafter, on account of further default on the  part  of
      the State  of  Bihar  to  honour  its  commitments,  another  Contempt
      Petition, being Contempt Petition (Civil) No. 297 of 2007,  was  filed
      and several applications were made in the Contempt Petition by trained
      teachers similarly situated, for being impleaded  as  parties  to  the
      proceedings.
Ultimately, the learned Attorney General appeared before
      us on 25th August, 2009, and assured us that it was not the  intention
      of the State of Bihar to resile from  the  undertaking  given  on  its
      behalf.  Since there had been a change in the administrative set up in
      the State of Bihar, the situation had become more complex and  it  had
      become difficult to work out  a  solution  to  the  problem  posed  in
      filling up the vacancies  in  the  post  of  primary  school  teachers
      throughout the State of Bihar.
When Contempt Petition (Civil) No. 297
      was taken up for consideration, we heard the same along  with  several
      interlocutory applications filed by several teachers having individual
      grievances and reserved judgment.


      4. By our order dated 13th October, 2011,  on  the  Contempt  Petition
      filed in SLP(C) No. 22882 of  2004,  arising  out  of  the  breach  of
      undertaking given on 18th January, 2006, by the State of Bihar and the
      order passed on the  basis  thereof  on  23rd  January,  2006  in  the
      aforesaid SLP,
we  had  passed  orders  directing  that  the  trained
      teachers who at one time were less than the number  of  vacant  posts,
      should be given appointment in  the  vacancies  that  were  available.
      
Subsequently, however, there was some discrepancy as to the number  of
      vacancies  available  as  against  the  number  of  teachers   to   be
      accommodated.  
Accordingly, we adopted a figure from an advertisement,
      which had been published for recruitment of  primary  school  teachers
      and took the number of available  vacancies  to  be  34,540.   
We  had
      further directed that the said vacancies be filled up  with  the  said
      number of trained teachers as a one time measure to give effect to the
      undertakings given on 18th January, 2006 and 23rd January, 2006.


      5. Subsequently,
it came  to  light  that  the  number  of  candidates
      available were much more than the number of vacancies and  there  were
      also serious doubts raised  about  the  eligibility  of  some  of  the
      candidates and the genuineness of some of the institutions from  which
      they alleged to have received their training.
In our  order  of  19th
      January, 2011, we had indicated that certain  incongruities  had  been
      pointed out on behalf of the Petitioners with regard to  the  list  of
      eligible candidates furnished by the State of Bihar.


      6. When the said dispute could not be resolved in terms  of  the  list
      produced by the State of Bihar,
we thought it fit to entrust a neutral
      person with the work and, accordingly,
we had appointed  Justice  V.A.
      Mohta, a retired Judge of the Bombay High Court, who retired as  Chief
      Justice of the Orissa High Court, as Special Officer in whose presence
      the list could be settled.
However, since Justice Mohta expressed his
      desire to be relieved of the responsibility, by our order  dated  24th
      February, 2011, while relieving Justice V.A. Mohta, we  appointed  Mr.
      Justice S.K. Chattopadhyay, a retired Judge of the Patna High Court in
      his place, to take up and complete the finalization of  the  seniority
      list.
After much debate, the list submitted by Justice  Chattopadhyay
was  accepted  and  in  terms  of  the  recommendations  made,  34,540 candidates were appointed in different primary schools in the State of Bihar.


      7.          The matter did not end there.
On account of the fact that
      some  of  the  candidates,  who  had  not  appeared   before   Justice
      Chattopadhyay, came up with fresh applications  in  support  of  their
      cases and urged that there  were  various  omissions  from  the  final
      select  list,  we  decided  to  entertain   the   said   applications,
      particularly, on account of the directions, which we had given, in our
      judgment and order dated 13th  October,  2011,  that  no  court  would
      entertain any objection or applications with regard  to  the  list  of
      candidates, who had already been appointed, in terms  of  our  earlier
      order.


      8.          During the hearing of these  applications,  special  leave
      petitions and writ  petitions,  what  emerged  is  that  most  of  the
      applicants  were  aggrieved  by  some  defect  or  the  other  in  the
      preparation of the select list,  which  occurred  on  account  of  the
      failure of the  candidates  to  give  their  relevant  particulars  to
      Justice Chattopadhyay.


      9.          Be that as it may, in the event,
some  discrepancies  had
      crept in the final select list, the  individual  grievances  contained
      various  anomalies,  which  it  is  difficult  for  us   to   unravel.
      
Accordingly, we modify our order dated 13th October, 2011,  and  allow
      the applicants to approach the  High  Court  for  redressal  of  their
      grievances.
We also  direct  that  the  applications,  special  leave
      petitions and
writ petitions filed before us be treated as  withdrawn,
with liberty to the parties to approach the High Court individually or
otherwise, for relief, if any, but without, in any way, affecting  the
appointments of those teachers who have already been appointed against the vacant 34,540 posts and are working.  
We have been informed during
      the hearing that about 2413 posts out of the 34,540 posts  were  still
      left to be filled up.  All the applications, Special  Leave  Petitions
      and Writ Petitions are, therefore, disposed of in  the  light  of  the
      aforesaid observations.
We make it clear that  none  of  the  persons
appointed out of the 34,540 vacancies should be disturbed in any  way,
 but the question of filling up the balance vacancies may be taken into consideration, while disposing of the applications in question.
                                                     …………………………………………………CJI.

                                               (ALTAMAS KABIR)



                                                     ………………………………………………………J.

                                                   (ANIL      R.       DAVE)


                                                     ………………………………………………………J.

                                               (VIKRAMAJIT SEN)

      New Delhi
      Dated: July 18,2013.

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