IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7770 of 2009 1. SMT.PRAGATI, WIFE OF SHIR UPENDRA KUMAR RAI, RESIDENT OF VILLAGE HASANPUR SURAT, POLICE STATION PATORI, DISTRICT SAMASTIPUR. 2. NISHA RAJ, WIFE OF MR. RANJEET KUMAR, RESIDENT OF VILLAGE AND POLICE STATION VAISHALI, DISTRICT VAISHALI. 3. KUMARI MEERA, WIFE OF PAWAN KUMAR, RESIDENT OF VILLAGE CHAPAITH, POLICE STATION GARAUL, DISTRICT VAISHALI. 4. SMT. MANJU KUSHWAHA, WIFE OF SURENDRA MAHTO RESIDENT OF VILLAGE LATIPUR, POLICE STATION BATHNAHA, DISTRICT SITAMARHI. 5. ABHILASHA KUMARI, WIFE OF BIRENDRA SINGH, RESIDENT OF VILLAGE SHYAMPUR, POLICE STATION BELSAR, POST OFFICE HAJPURA, DISTRICT VAISHALI. …….. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. PROJECT DIRECTOR, GOVERNMENT EDUCATION PROJECT COUNCIL, PATNA. 3. DISTRICT SUPERINTENDENT OF EDUCATION –CUM- DISTRICT PROGRAMME CO-ORDINATOR, BIHAR EDUCATION PROJECT, VAISHALI. 4. SCHOOL EDUCATION COMMITTEE, THROUGH ITS SECRETARY, BLOCK SAHDEI BUJURG, DISTRICT VAISHALI. 5. SCHOOL EDUCATION COMMITTEE, THROUGH ITS SECRETARY, BLOCK GARAUL, DISTRICT VAISHALI. 6. SCHOOL EDUCATION COMMITTEE, THROUGH ITS SECRETARY, BLOCK CHEHRAKALA, DISTRICT VAISHALI. 7. SCHOOL EDUCATION COMMITTEE, THROUGH ITS SECRETARY, BLOCK VAISHALI, DISTRICT VAISHALI. 8. SCHOOL EDUCATION COMMITTEE, THROUGH ITS SECRETARY, BLOCK JANDAHA, DISTRICT VAISHALI. ……….. RESPONDENTS. ----------- 03/ 15.04.2010 All five petitioners had applied for their appointment as full time teacher in Kasturba Gandhi Girls School in different blocks of Vaishali district, in response to advertisement published on 16.11.2007 under the signature of District Superintendent of Education –cum- District - 2 - Programme Co-ordinator, Bihar Education Project, Vaishali, respondent no. 3. Petitioners appeared in the written examination and being successful in the written test also faced the interview conducted by the Selection Committee. Finally their names were put in the panel of selected candidates, prepared blockwise. Appointment letters were also issued by the respondents 4 to 8 to the petitioners and they joined and started working in Kasturba Gandhi Girls schools in different blocks of Vaishali district. They received honorarium till the date they were served with the termination orders. Petitioner no. 4 Manju Kushwaha was served with termination order issued by the Headmaster, contained in letter no. 73 dated 21.3.2009. Termination order had been issued in the light of the direction of the District Superintendent of Education, Vaishali contained in letter no. 460 dated 21.3.2009. She was terminated from her service with immediate effect. Subsequently other petitioners were also removed in the light of direction contained in letter no. 460 dated 21.3.2009 (Annexure-5) issued under the signature of District Superintendent of Education –cum- District Programme Co-ordinator, - 3 - Vaishali. Annexure-5 indicates that in Kasturba Gandhi Girls School, there is provision for appointing only three full time teachers appointed beyond the sanctioned strength having lowest marks amongst the appointees would have to be removed. The names of the petitioners were selected for removal, as they were treated beyond the sanctioned strength, having lowest marks, amongst the appointed teachers. Counsel for the petitioners has challenged the order contained in Memo No. 460 dated 21.3.2009 issued in the light of order contained in letter no. 961 dated 24.2.2009 on the ground that petitioners were appointed as per the vacancies disclosed in the advertisement. The number of vacancies disclosed in the advertisement as well as terms and conditions disclosed in the advertisement, could not have been subsequently either modified or changed. Any subsequent direction issued by the respondent-authorities either contained in letter no. 961 dated 24.2.2009 or order contained in Memo No. 460 dated 21.3.2009 are illegal. Counsel for the petitioners has also placed reliance on letter no. 548 dated 13.4.2009 issued by the District - 4 - Superintendent of Education –cum- District Programme Co- ordinator, Bihar Education Project, Vaishali (Annexure-9). The D.S.E. through this letter has informed the Director, Bihar Education Project Council, Patna that the advertisement had been issued in compliance of the letter no. 325 dated 12.1.2007. According to which the posts of full time and part time teachers were advertised. In the counter affidavit filed by the State it is stated that the Bihar Education Project Council had issued guidelines by various letters, one of them is letter no. 961 dated 24.2.2009, Annexure -6 and Annexure-5 is letter no. 460 dated 21.3.2009. It is also stated that vide this annexure the Project Director has given number of warden/teachers and staff in Model – III, Kasturba Gandhi Girls School. The schools, where the petitioners were appointed, being Model – III, Kasturba Gandhi Girls School. The number of warden/teachers as given in Annexure-6. There is no mention in counter affidavit regarding letter no. 325 dated 12.1.2007 on the basis of which advertisements were published and the petitioners were appointed. In reply to the counter affidavit it has been stated - 5 - that since, where the petitioners have joined, number of students 100 and as such they are not Model –III schools but Model-I category school. It is well settled that terms and conditions given in appointment as disclosed in advertisement cannot be changed subsequently. Petitioners were appointed in terms of the advertisement following all procedure for such appointment. In this circumstance, there was no reason for terminating them from their service. From Annexure-C to the counter affidavit, it is apparent that out of five petitioners, two have been adjusted on account of vacancies occurred in some schools. Counsel for the petitioners submits that in Annexure-9 i.e. letter dated 13.4.2009 issued by the District Superintendent of Education, Vaishali, there is indication that the teachers, who have been terminated, should be adjusted against the vacancies in the school or in case any new Kasturba Gandhi Girls School is open in the district. Accordingly, the communication dated 21.3.2009 contained in letter no. KGBV/460 and letter no. 73 dated 21.3.2009 terminating petitioner no. 4 from her service, are quashed. Respondent no. 2 is directed to absorb other three - 6 - petitioners, namely, Smt. Pragati, Kumari Meera and Smt. Manju Kushwaha on the post of teachers in the newly created Kasturba Gandhi Girls School in Vaishali district or against the post, they were appointed and continuously discharged their duties. Respondent no. 2 is further directed to allow the petitioners to discharge their duties with all consequential benefits. This application is allowed. DKS/ (Mridula Mishra, J.)