IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1197 of 2009 1. SANJAY KUMAR SON OF SHRI GOPI SAH, R/O- VILLAGE +P.O. UDWANTARAJ KE BANGALA, P.S. THAWE, DISTRICT - GOPALGANJ. 2. RAM AYODHYA SAH, SON OF GOPICHAND SAH, RESIDENT OF VILLAGE HAKAM, P.S. MOHMMADPUR, DISTRICT GOPALGANJ. 3. BINOD KUMAR SAH SON OF SHRI RAM EKBAL SAH, R/O- VILLAGE CHAMANPURA, P.S. BAIKUNTHPUR, DISTRICT – GOPALGANJ. 4. DILIP KUMAR SON OF LYADAV LAL, RESIDENT OF VILLAGE JAMO MATHIA, P.S. JAMA, DISTRICT SIWAN. 5. NAGENDRA PRASAD ARYA SON OF RAM SAKAL PRASAD, RESIDENT OF VILLAGE BHAGAIRATHI, P.S. HATHUA, DISTRICT – GOPALGANJ. 6. ASHOK KUMAR SON OF MANIK PRASAD, RESIDENT OF VILLAGE MACHICHA, P.O+P.S. – HATHUA, DISTRICT – GOPALGANJ. 7. JAI PRAKASH KUMAR SON OF SHRI RAM PRAVESH SAH, RESIDENT OF VILLAGE GOPALPUR, P.S. BASANTPUR , DISTRICT – SIWAN 8. AWADH KUMAR SAH SON OF MUNSHI SAH, RESIDENT OF VILLAGE BHARKUTIA, P.S. BHARAULI, DISTRICT – GOPALGANJ. 9. SRI NIWAS SAH SON OF GOPAL SAH, RESIDENT OF VILLAGE SRISHIAN, P.S. NAUTAN, DISTRICT SIWAN. 10. BABU RAM SAH SON OF SHARWAN SAH, RESIDENT OF VILLAGE BELOURA, P.S. KATEYA, DISTRICT – GOPALGANJ. Versus 1. AMIR SOHANI COMMISSIONER CUM SECRETARY , PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. ANJANI KUMAR, PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. ASHUTOSH, DIRECTOR PRIMARY EDUCATION, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. SHRI RAMESH LAL, DISTRICT MAGISTRATE, GOPALGANJ. 5. JAGAT PASWAN (IN-CHARGE), THE DISTRICT SUPERINTENDENT OF EDUCATION, GOPALGANJ. 6. GOVIND NARAYAN AKHORI, SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. 2 7. STATE OF BIHAR. ----------- 13. 09.03.2010 Heard the parties. This contempt application is filed for initiating the contempt proceeding against the Opposite Parties for their allegedly willful disobedience of order dated 25th of May 2007 passed in C.W.J.C. No. 9150 of 2000 and its analogous cases. Learned counsel for the petitioners submits that the said writ application was disposed of by the aforesaid order by making the following directions :- “ After having perused the pleading of the parties and considering their rival submissions, this court in the facts and circumstances aforementioned, directs the Director, Primary Education, Human resources Development Department, Government of Bihar, Patna (respondent no. 4) to consider with regard to the matter relating to the appointment of the petitioners taking into account the caste certificate produced by them and issued the caste certificate produced by them and issued by the concerned Block Development Officer/S.D.O. to the effect that they belong to the Scheduled Tribe Community. Such 3 consideration be made expeditiously, preferably within a period of three months on receipt/consideration of the certified copy of this order.” Learned counsel for the petitioners submits that pursuant to the aforesaid order, petitioners submitted the necessary caste certificate issued by the concerned authorities for considering their cases for appointment in question. The same have not been done. The Opposite Parties are liable to be proceeded. It is further submitted that the Opposite Parties have issued a letter of appointment on the post of Regular Teacher in the case of one of the writ petitioner namely, Satrughan Kumar Sah and ,as such, there should be no justification for not appointing the petitioners on the post of Regular Teacher as done in the case of Satrughan Kumar Sah who was although appointed in the different district. It is further submitted that the authorities were obliged to consider the case for appointment of the petitioners taking into consideration the extant of rule as such, the authorities have not only violated the order but have also not passed order as per law. Mr. Prasun Sinha, learned Government Advocate No. 3 appearing for the Opposite Parties submits that the appointment in the case of Satrughan 4 Kumar Sah was since having not been done in accordance with law, as such, steps have been taken in connection with the cancellation of appointment and necessary show cause notices have been issued to the concerned District Superintendent of Education. Notwithstanding with the above, it is further submitted that the petitioners have been given opportunity for appointment which would be appearing from the memo dated 4th of January 2010, as contained in Annexure- E to the show cause, wherein it was stated that under Bihar Panchayat Service Condition Rules 2006 , the post of Regular Teachers have been abolished, however, the petitioners were given opportunity for their appointment on the post of Panchayat Teacher and directed for submitting the necessary certificate of academic qualification as also the caste certificate with their consent which is still awaited stated in paragraph -10 of the show cause. It is further submitted that some of the writ petitioners have also filed contempt applications vide M.J.C. No. 2740 of 2007 and M.J.C. No. 3015 of 2007, as contained in Annexure- 10, which were disposed of by order dated 27.03.2009 wherein after dealing with the matter, this court directed the petitioners concerned to accept the offer of appointment and thereafter, if aggrieved, petitioners may challenge 5 the order of such appointment. Considering the facts and circumstances of the case, in view of the order passed as contained in Annexure- E, this court does not find that the Opposite Parties have disregarded the order dated 25.05.2007 vide C.W.J.C. No. 9150 and its analogous cases. However, it will be open for the petitioners to complete the requirements as communicated to them as per Annexure- E and on such completion being made by the petitioners within a period of four weeks. The authority concerned shall take steps for their appointments as stated in paragraph 10 of the show cause three weeks thereafter. It will be open for the petitioners to assail such order, if so aggrieved in accordance with law. The contempt application is disposed of with the above observations/directions. Jagdish ( Shailesh Kumar Sinha, J.)