CIVIL WRIT JURISDICTION CASE No.5976 OF 1997 ---- In the matter of an application under Article 226 of the Constitution of India. ---- 1. Smt.Sudha Kumari w/o Sri Harendra Chaturbedi, resident of village + P.O. Khirauli, P.S. Dumraon, District- Buxar. 2. Smt. Mira Pandey w/o Sri Bhagwan Chaturvedi, resident of Mohalla- Bengali Tola ( Sri Ram Janki Mandir), P.O. + P.S. and District- Buxar. 3. Smt. Prema Tiwary w/o Sri Mukti Narayan Pathak, resident of Mohalla Bengali Tola ( Sri Ram Janki Mandir), P.O._ P.S. and District- Buxar. ------------------Petitioners Versus 1. The State of Biahr through Secretary cum Commissioner, Human Resources Development Department, Government of Bihar,Patna-1. 2. The Director, Secondary Education, Amrapali Bhawan, Govt. of Bihar, Patna. 3. The Inspectress of Schools cum Deputy Directoress of School, Baily Road,Patna-3. 4. The District Inspectress of School, Bhojpur cum Buxar,Dist- Bhojpur at Arrah. 5. The District Magistrate, Buxar. 6. Smt. Nirupma Pandey, Headmistress, D.K.Rajkiye Girls Middle School, Dist- Buxar. 7. Smt. Saroj Kumari w/o not known, presently working as Assistant Teacher in Govt. Girls High School, Gaya. 8. Smt. Nirmala Misra w/o not known, presently working as Teacher in B.N.R. Training College ,Guljarbagh, Patna. ------------------(Respondents) ----------- For the Petitioners : Mr. Rajendra Pd. Singh, Sr.Adv., Mr. Rajeev Kr. Singh and Mr. Rakesh Kr. Singh. For the State : Mrs.Nutan Kumari Sharma P R E S E N T THE HON'BLE MR. JUSTICE NAVANITI PRASAD SINGH Navaniti Prasad Singh,J: The present writ application has been field for quashing of Annexure 1, being the order dated 6.3.1997 passed by the Director, Secondary Education, Bihar, by which he has held that the termination of 2 services of the petitioners to be valid. Petitioners claim that the Director, Secondary Education, Bihar, by his letter dated 20.4.1991 informed the Inspectress of School, Bihar that in view of large number of vacancies for the post of Assistant Teacher, steps may be taken for appointment of Assistant Teachers by following the procedure and the District Inspectress of School may be informed accordingly. Petitioners state that after following the procedure , they were appointed on 4.5.1991. Their appointment letters being Annexure 3 series. The reference to the appointment letters itself shows that the appointments were not permanent appointments nor with any right to the post but the appointments were only for a period of three months on totally ad hoc basis. The appointments so having been made in May, 1991, on 1st of August, 1991, it was held that the said appointments were to end on 6th of August,1991 but would continue till further orders. Thus the petitioners continued. Petitioners were then terminated on the ground that the appointments were illegal and without following due procedure. In the meantime, petitioners salaries were stopped with effect from October, 1991 itself. They came to this Court in CWJC No.933 of 1992, which was disposed of by order dated 28.7.1992. Division Bench while disposing of the writ petition clearly held that the appointments of the petitioners were purely ad hoc and State must take steps to end this ad hocism .This order was passed after noticing that the petitioners were appointed for three months and then the appointments were made to continue till further orders.Petitioners were then terminated and against the said termination order, they came to this Court challenging that the termination order was 3 bad, inter alia, no hearing was provided. This Court in CWJC No. 7481 of 1995, by judgment and order dated 31.7.1996 (Annexure 13), set aside the order of termination on the ground of violation of principle of natural justice and remanded the matter. The impugned order has been passed after hearing the parties on remand by this Court. Having considered the matter, in my view, the Division Bench has found ,as noted above, that the appointments of the petitioners were purely ad hoc, temporary and confers no right to the petitioners to continue. The impugned order notes that since long such appointments were being made, which were illegal, they were being enquired by the vigilance as well and when ever such appointments were made found, they were being terminated. It was found that the advertisement for appointment was made locally, roster clearance was obtained. The Selection Committee was not duly constituted . Learned counsel for the petitioners submits that it cannot be denied that there was no due advertisement prior to appointments. In my view, a locally published advertisement is not a public advertisement for public employment. What was the selection process that has not been stated any where. The Director has categorically stated that such appointments were illegal appointments and would be dealt with accordingly. Merely because some other continued in appointment, who are similarly appointed, in my view, cannot be a ground for continuing with the appointments because if that is permitted by this Court then the Court would be sanctified an illegality. The appointments being purely ad hoc and any right gives even 4 otherwise terminated and more so, in view of the judgment of this Court in CWJC No.933 of 1992 wherein this Court had specifically ordered that ad hocism must be ended by regular appointment and till regular appointments are made, payments were to be made to the petitioners. It at no point of time directed for regularization of the petitioners. To the contrary it clearly pointed out for ending the relationship of ad hocism. Considering the aforesaid facts, in my view, Annexure 1 cannot be interfered with. The writ petition merits no consideration and it is accordingly dismissed. However, if fresh appointments are to be made for the school, in question, or otherwise, petitioners would be competent to apply for the same and considering the experience already gained, the authority would consider their applications in accordance with law, if possible, relaxing the age bar. Patna high Court, August 17, 2010, N.A.F.R. (S.Singh) ( Navaniti Prasad Singh, J.)