Special Leave Petition (Civil) No. 26824 of 2012, 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, 11.... Case: Yashwant Singh and Ors. Vs State of Bihar and Ors.. Supreme Court

Case NumberSpecial Leave Petition (Civil) No. 26824 of 2012, 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, 11...
Party NameYashwant Singh and Ors. Vs State of Bihar and Ors.
CounselFor Appearing Parties: U.U. Lalit, L.N. Rao, P.H. Parekh, R.P. Bhatt, L. Nageshwara Rao, S.B. Sanyal, S.R. Singh, Nagendra Rai and Neeraj Kumar Jain, Sr. Advs., Santosh Kumar and Madhurendra Sharma, Advs. for Mushtaq Ahmad, Adv., Santosh Kumar, Adv. for Mushtaq Ahmad, Adv., Venkita Subramoniam T.R., Mushtaq Ahmad, Kumud Lata Das, Vishal Prasad,...
JudgesAltamas Kabir, C.J.I., Anil R. Dave and Vikramajit Sen, JJ.
IssueBihar Elementary Teachers Appointment Rules, 2003
Judgement DateJuly 18, 2013
CourtSupreme Court

Order:

Altamas Kabir, C.J.I.

  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 The same was withdrawn on an undertaking given on behalf of the State of Bihar on 18th January, 2006, whereby the State of Bihar committed itself to recruiting and filling up the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...

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