IN THE HIGH COURT OF JUDICATURE AT PATNA ------------ Letters Patent Appeal No.2021 of 2010 -------- Appeal against the Judgment and Order dated 17-8-2010 passed by a Bench of this Court in C.W.J.C. No. 5976 of 1997. --------- 1. Smt.Sudha Kumari , wife of Sri Harendra Chaturvedi, R/o Village-+ Post- Khirauli, P.S. Dumraon, District- Buxar 2. Smt. Prema Tiwary, wife of Sri Mukti Narayan Pathak, R/o Mohalla- Bengali Tola ( Sri Ram Janki Mandir), P.O.+ P.S. and District- Buxar................................................Appellants Versus 1. The State Of Bihar through Secretary-Cum- Commissioner, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Director, Secondary Education Amarpali Bhawan, Govt. of Bihar, Patna. 3. The Inspector of Schools-cum- Deputy Directoress of School, Bailey Road, Patna. 4. The District Inspectress of School, Bhojpur Cum- Buxar, District- Bhojpur, Arrah. 5. The District Magistrate, Buxar 6. Smt. Nirupma Pandey, Headmistress, D.K. Rajkiye Girls Middle School, Buxar. 7. Smt. Saroj Kumar, wife of not known, presently working as assistant teacher in Govt. Girls High School, Gaya. 8. Smt. Nirmala Misra, wife of not known, presently working as Teacher in B.N.R. Training College, Guljarbagh, Patna. 9. Smt. Mira Pandey, wife of Sri Bhagwan Chaturvedi, R/o Mohalla, Bengali Tola ( Sri Ram Janki Mandir), P.O.+ P.S. + District- Buxar........................................... Respondents. 2 ------------ 3 21-11-2011 Heard learned counsel for the appellants and learned counsel for the State. By the order under appeal dated 17-8-2010 the writ petition preferred by the appellants against the order terminating their services as Ad hoc or temporary Assistant Teachers, has been dismissed. There is no dispute that initial appointment made on 4-5-1991 was only for three months by different Inspectoress of School of Bihar but by another order dated 1-8-1991 the appellants were directed to continue in service till further orders. Their appointments were found to be illegal without proper advertisement and proper selection and in violation of the rules relating to reservation which required adherence to the roster points. On such grounds the appointments were first terminated on 7-7-1995 but this court interfered on the ground that rules of natural justice had not been followed. However, liberty was granted that the matter should be processed further after proper notice. Thereafter by the order impugned before writ court dated 6- 3-1997 the services of the petitioners were again terminated after giving them opportunity of show cause. The impugned 3 order as well as the order of the writ court show that the appointments were not regular appointment but were only ad hoc or temporary in nature. The writ court has found that there was no due advertisement prior to appointment. It was further found that appointments was not in accordance with the general rules and procedure governing regular appointment and the selection committee was not duly constituted. Learned counsel for the appellants has submitted that some other similarly situated teachers are still continuing in service on account of orders passed by the departmental authority or on account of pendency of enquiry. In this regard reliance was placed upon annexure-7 relating to one Smt. Sunita Sahay and annexure-12 relating to one Smt. Saroj Kumari. We agree with the writ court that illegal appointment cannot be perpetuated only because some other illegal appointees may be continuing in service. Article 14 of the Constitution is a positive concept and cannot be used in a negative manner to perpetuate illegality . We find no good reason to interfere in the matter and the same is 4 dismissed. If specifically named teachers are still continuing on account of some departmental order or enquiry, the respondents are expected to ensure that suitable steps are taken in those cases in accordance with law within a reasonable time such as six months. Naresh ( Shiva Kirti Singh, J.) ( Ahsanuddin Amanullah,J)