CIVIL WRIT JURISDICTION CASE No.5628 OF 1994 In the matter of an application under Articles 226 and 227 of the Constitution of India. … KARTIK JHA, son of Late Kusheshwar Jha, resident of village Gamail, P.S. Bihariganj, district Madhepura .. .. Petitioner. Versus 1. STATE OF BIHAR through the Dist. Collector, Madhepura. 2. The Commissioner-cum-Secretary, Primary Education, Bihar, Patna. 3. The Director, Primary Education, Bihar, New Secretariat, Patna. 4. The Collector, Madhepura 5. The Dist. Supdt. Of Education, Madhepura .. .. Respondents. For The Petitioner : Mr. SUBODH KUMAR JHA. Advocate. For The S t a t e : N o n e. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. In this writ petition, the petitioner has challenged the order, dated 10.5.1994 (Annexure 5) passed by respondent Director, Primary Education, Bihar by which the claim of the petitioner for appointment as Assistant teacher in the district of Madhepura has been rejected. The impugned order has been passed after the matter was remanded by this court to the Director, Primary Education for consideration of the petitioner’s case. 2. The facts giving rise to the filing of the present writ petition is that an advertisement was issued for appointment of Assistant teachers which were to be made in three categories, namely, general category, Scheduled caste / Scheduled tribe and Urdu knowing 2 teachers. 3. It is the case of the petitioner that initially there were 35 vacancies which were subsequently raised to 147. It is stated that 112 persons joined the post and 35 vacancies remained to be filled up in Madhepura. The petitioner claims that persons junior to him were appointed as Assistant teachers on the ground that they belonged to extremely backward category. 4. The order impugned at Annexure 5 indicates that in fact at the time when appointments were to be made, there was no reservation for the extremely backward category candidates. This fact is not denied in the counter affidavit or controverted in any other manner and the impugned order itself indicates that such persons who belonged to the backward category were given preference although there was no reservation for the candidates of such category. 5. The Director, Primary Education after taking into consideration all the facts as stated aforesaid and referring to the judgment of the apex court in the case of Sabita Prasad and others vs. The State of Bihar and others, 1994 (1) PLJR (SC) 62 has wrongly concluded that the petitioner would not be entitled for consideration for appointment against the said vacancy. There is no justification for rejecting the claim of the petitioner as it is admitted that he has higher marks and was placed higher in the panel to those who were appointed under the backward category and in fact if they were not issued appointment letters, the petitioner would have been appointed against the vacancy of Assistant teachers. 3 6. After ascertaining the facts, the Director, Primary Education should consider and appoint the petitioner as an Assistant Teacher in the district of Madhepura within two months from the date of receipt / production of a copy of this order in the light of the advertisement issued in 1985. It is directed that while issuing appointment letter to the petitioner, the Director, Secondary Education, Bihar should condone the age of the petitioner in view of the fact that the petitioner has vigilantly been pursuing his remedy for appointment. 7. In the result, this writ petition is allowed but with no order as to costs. Patna High Court, November 7, 2008, N.A.F.R. / haque (Sheema Ali Khan, J.)