Letters Patent Appeal No.188 OF 2008 Against the judgment and order dated 14.2.2007 passed in CWJC No. 6147 of 2000 by Hon’ble Chief Justice; 1. THE STATE OF BIHAR,THROUGH THE SECRETARY CUM COMMISSIONER, SECONDARY PRIMARY AND ADULT- EDUCATION DEPARTMENT GOVERNMENT OF BIHAR NEW SECRETARIAT, VIKASH BHAWAN, PATNA 2. DIRECTOR SECONDARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA. 3. DEPUTY DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA. 4. REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN, DIVISION, CHAPRA------------------APPELLANTS Versus SHAM SHAD ALI SHAH,SON OF SRI HABIBULLA SHAH, RESIDENT OF VILLAGE-MANJHI USRAYAN, POLICE- MANJHI, DISTRICT-CHAPRA-------------RESPONDENT For Appellant:- Mr. Sunil Kumar Mandal,Standing Counsel No.XV For Respondent:- Mr. Shivendra Kishore,Advocate ----- P R E S E N T THE HON'BLE MR. JUSTICE CHANDRAMAULI KUMAR PRASAD THE HON'BLE MR.JUSTICE DR. RAVI RANJAN Prasad & Ranjan,JJ:-State of Bihar and its Officers, aggrieved by the order dated 14.2.2007 passed in MJC No.2967 of 2006, have preferred this appeal under clause 10 of the Letters Patent. In view of the order which we propose to pass in this appeal, it is inexpedient to give in detail facts of the case. Suffice it to say that petitioner’s appointment has been found to be illegal by the Director in its 2 order as contained in Memo dated 4th of July,2000. Writ petitioner-respondent challenged the said order, inter alia contending that his appointment is legal and therefore termination of his service is bad in law. This found favour with the learned Single Judge and by the impugned order it had set aside the order of termination. In this appeal it has been contended by the appellants that the appointment of the writ-petitioner is illegal and therefore rightly terminated. However Mr. Shivendra Kishore, appearing on behalf of the respondent submits that the appointment of the writ-petitioner is legal and in accordance with law and ought not to have been terminated. In similar situation, a Division Bench of this Court in the case of Ashutosh Kumar Vs.State of Bihar ( 2007(2) PLJR 509) had directed the Chief Secretary of the State to constitute a Committee of three Secretaries to examine the manner and mode of appointment. In the said case the following directions have been given:- 3 “The Chief Secretary, Government of Bihar is directed to constitute a Committee of three Secretaries within a period of one month from today to examine the manner and mode and the type of Modus Operandi whether the appointments are in consonance with the recruitment Rules, regular, legal or not. The Committee shall consider the individual case after giving an opportunity of hearing to the affected employees and reach to a decision as to the nature of their appointments whether legal or not and valid or not. The Committee shall, obviously, take the decision in the light of law laid down by the Constitution Bench in Secretary, State of Karnataka and Ors. Vs. Uma Devi (3) and Ors: ( 2006) 4 SCC 1 ( 2006(2) PLJR (SC) 363) and in particular, the observations of the Hon’ble Supreme Court which are quoted hereinabove, particularly, paragraph 53 of the said judgment. It shall also be remembered that the exercise of regularization, if required, shall be one time measure for the whole department and no further such exercise shall be permissible. The exercise by the Committee is directed to be completed within six months and in the event of any necessity it will be open for the concerned party to seek extension time from this Court. The State is directed to maintain the status quo.” We dispose off the appeal in the same terms. (Chandramauli Kr.Prasad,J) (Dr.Ravi Ranjan,J.) Patna High Court Dated the 10th of December,2008 A.Kumar/NAFR