Nesar Ahmad & Anr vs State Of Jharkhand & Ors

4. In nut-shell, the direction was to conduct a special selection for filling up of the unfilled posts from amongst the applicants who had already submitted their applications pursuant to the advertisement issued and it was to be confined to those applicants who were possessing teachers training/ qualification obtained from Government/ private teachers' training institution i.e. from amongst the trained teachers. As per the petitioners as on 30.9.1993 there were about 45,000 vacancies in as much as against total post of 2,09,981, number of teachers working were 1,54,751. Furthermore, in next three years about 18,431 teachers were expected to retire. Therefore, projected vacancies were approximately 63,000. On the creation of the State of Jharkhand in terms of Bihar Reorganisation Act, 2000 proportionate vacancies i.e. one-third came to the share of State of Jharkhand which would mean that 21,000 vacancies were available on the date on which this State was created.

7. When the undertaking given in the said affidavit was not implemented immediately thereafter, some persons filed Contempt Petition No. 207 of 2006 in this Court which was disposed of by orders dated 19.3.2007 with a direction to the State of Bihar to implement its undertaking.

In view of the categorical statement now made that the priority will be given to the trained teachers in appointment and also the clarification made in paragraphs 19 to 222 of aforesaid affidavit dated 7.2.2007, we direct the State of Bihar to implement the undertaking given by the State of Bihar earlier and also now by the present affidavit dated 7.2.2007 in letter and spirit by appointing the trained teachers on priority basis.

The Contempt Petition is disposed of accordingly.”

“Accordingly, without issuing a Rule of Contempt, we direct that the 34,540 vacancies shown as available in the advertisement published in December, 2003, be filled up from amongst the trained teachers who are available, in order of seniority. As indicated above, this is to be done on a one-time basis and must not be taken as the regular practice to be followed. Let the Contempt Petition be adjourned for a further period of six weeks to enable the State Government to implement this order and to submit a report on the next date as to the result of the discussions held between the petitioner and the concerned authorities.”

17. All these Writ Petitions were heard together and disposed of by passing orders dated 29.9.2003. In the said judgment various other issues regarding composition of State Public Service Commission were touched and considered as well. We are eschewing discussion on those aspects as that is not relevant for our purpose. In so far as the Writ Petitions which were filed certain trained teachers and their associations (to which category the present petitioners fall and most of these petitioners were party to those Writ Petitions) they were dismissed by the High Court with the following observations:

There will be no order as to costs.”

constitutional. Complying with the directions contained in the said judgment Rules were amended and the amended Rules provide for relaxation upto 5 years.

(v) When Selection process commenced in the year 2002 -2003 by issuing advertisement these very teachers (namely the petitioners) through their associations etc. filed writ petitions claiming complete age relaxation instead of relaxation only upto 5 years of age. However, these writ petitions were dismissed by the High Court vide judgment dated 29.9.2003. This judgment has also attained finality.

22. Finding no merits in these writ petitions, same are dismissed. All pending I.As also stand dismissed.