IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2469 OF 2008 1. NARMADESHWAR PANDEY, SON OF SHRI GAGANDEO PANDEY, RESIDENT OF VILLAGE AND POST OFFICE MATHIA VIRT BAITHANIA, POLICE STATION MAJHAULIA, DISTRICT WEST CHAMPARAN 2. JAGDISH PRASAD, SON OF LATE MAHAVIR PRASAD, RESIDENT OF VILLAGE AND POST OFFICE BARVAT PARSARAYAN, POLICE STATION BETTIAH MOFASSIL, DISTRICT WEST CHAMPARAN 3. GUDAR MANJHI, SON OF LATE SHIVNATH MANJHI, RESIDENT OF VILLAGE AND POST OFFICE JAGARNATHPUR, POLICE STATION BETTIAH MOFASSIL, DISTRICT WEST CHAMPARAN 4. JAGAT NARAYAN CHAUBEY, SON OF LATE SIDDHU CHAUBEY, RESIDENT OF VILLAGE BARAWA CHAP, POST OFFICE JAITIYA, POLICE STATION CHANPATIA, DISTRICT WEST CHAMPARAN 5. PRAMOD TIWARI, SON OF LATE MANKESHWAR TIWARY, RESIDENT OF VILLAGE AND POST OFFICE RANI PAKADI, POLICE STATION BETTIAH MOFFASSIL, DISTRICT WEST CHAMPARAN 6. BRIJESH KUMAR SHRIVASTAVA, SON OF LATE GORAKH PRASAD, RESIDENT OF VILLAGE AND POST OFFICE CHAILABHAR, POLICE STATION MAJHAULIA, DISTRICT WEST CHAMPARAN 7. SATYENDRA SINGH, SON OF KAMLA SINGH, RESIDENT OF VILLAGE GAHIRI KOTHI, POST OFFICE VICTORIA MISSION, POLICE STATION NAUTAN, DISTRICT WEST CHAMPARAN 8. RAJESHWAR MISHRA, SON OF RADHESHYAM MISHRA, RESIDENT OF VILLAGE CHARGAHAN, MISHRA TOLA, POST OFFICE BELBAGH, BETTIAH, POLICE STATION BETTIAH TOWN, DISTRICT WEST CHAMPARAN 9. MRITUNJAY KUMAR PANDEY, SON OF BHARATH PANDEY, RESIDENT OF VILLAGE AND POST OFFICE MATHIA VIRT BAITHANIA, POLICE STATION MAJHAULIA, DISTRICT WEST CHAMPARAN 10. KRISHNANDAN SINGH, SON OF LATE JANGBAHADUR SINGH, RESIDENT OF VILLAGE AND POST OFFICE PARSA, POLICE STATION MAJHAULIA, DISTRICT WEST CHAMPARAN 11. ALAKHNATH TIWARI, SON OF LATE BINDHYACHAL TIWARI, RESIDENT OF VILLAGE NAUTAN KHURD, POST OFFICE HARPUR TOLA, DISTRICT WEST CHAMPARAN 12. NESHAR AHMAD, SON OF LATE MIRHUSSAIN HUSSAIN, RESIDENT OF VILLAGE AHWAR SHEIKH, POST OFFICE ALAMGANJ BAZAAR, VIA JAGDISHPUR, POLICE STATION MAJHAULIA, DISTRICT WEST CHAMPARAN 13. ISHRAT ARA, WIFE OF SAMSHUL HODA, RESIDENT OF VILLAGE AHWAR SHEIKH, POST OFFICE ALAMGANJ BAZAAR, POLICE STATION MAJHAULIA, DISTRICT WEST CHAMPARAN …………………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY –CUM- COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, BAILEY ROAD, PATNA 2 4. THE DIRECTOR, MASS EDUCATION DIRECTORATE, BIHAR, VIKASH BHAWAN, BAILEY ROAD, PATNA 5. THE DISTRICT MASS EDUCATION OFFICER, WEST CHAMPARAN, AT BETTIAH ……………………………………………………………………………….RESPONDENTS ******** 2 29/03/2011 Learned Counsel for the petitioners submits that the petitioners are working for five years as a Supervisor under the scheme of the non-formal education. . The scheme started sometime in the year 1985 and it ended in the year 1992-93. Subsequently, several persons who were retrenched came to this Court and the Court passed an order to absorb them subject to certain conditions. A counter affidavit has been filed referring to the judgment of this Court in the case of Vishnudeo Choudhary vs. The State of Bihar [1995 (1) PLJR 125 and MJC No. 3442 of 1997 and 386 of 1996, in pursuance of which a limited competitive examination for the post of teachers was conducted by the Bihar Public Service Commission on 14.02.2003. The age limit of the applicants was relaxed and the pre-requisite of obtaining 45 per cent marks in the matriculation had also been waived. Out of 1900 candidates, only 215 candidates appeared in the said examination, out of which, 49 candidates were absorbed as teachers. It appears that 3 Nagendra Thakur and Others had filed CWJC No. 2854 of 2000 before this Court. This Court had asked the respondents to pass speaking order. The order of the Director, Mass Education, Bihar is annexed as Annexure- A dated 12.08.2006. In reply to the said counter affidavit, Counsel for the petitioners produces an order passed in CWJC No. 13893 of 2001 dated 21.01.2009, wherein this Court has held as follows:- “If the matter is still alive and is engaging the attention of the Government, quite obviously, the case of the petitioners is liable to be considered in light of the statements made by the respondents in their counter affidavit with regard to the petitioners‟ fulfilling the condition.” In compliance of the Court‟s order, a resolution dated 12.01.2010 has been issued by the Principal Secretary, Human Resources Development Department, Government of Bihar framing a scheme for „one-time- absorption‟. If the petitioners are covered by the said scheme, then it would be proper that they should apply to the concerned authority who will consider their cases along with the case of the other persons similarly situated. This writ application is disposed of with the 4 aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )