Court disposed of writ petitions challenging termination of teachers employed without proper procedure. It upheld termination as appointments were void ab initio due to lack of advertisement and selection, violating Article 14 and 16.
No relief granted. Petitioners directed to apply fresh through advertisement if eligible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3384 of 2013
======================================================
.... .... Petitioner/s
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.3825 of 2013
====================================================== 1. Tafhim @ Tahfim Fatma W/O Sri Ikramul Haq Full Time Teacher, Kgbn Nawabganj, Sameli, Katihar, Resident Of Chhatia, P.O.Bhoga Bhatgama, Distt-Purnea
Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014
2
.... .... Petitioner/s
Versus
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.3873 of 2013
======================================================
Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014
3
School Bellon, Kadwa, Katihar, R/O Village- Nima Col, P.O. & P.S. Dandkhora, District- Katihar
.... .... Petitioner/s Versus 1. The State Of Bihar Through The Director Bihar Education Project, Patna 2. The Director, Bihar Education Project, Patna 3. The District Programme Officer-Cum-Chairman Block Employment Committee, Katihar 4. The Block Education Extension Officer, Kadwa, Katihar 5. The Headmaster, Middle School Of K.G.B.V., Katihar, Hassanganj, Katihar 6. The Managing Director, Aprajita, Katihar .... .... Respondent/s ====================================================== Appearance : (In CWJC No.3384 of 2013) For the Petitioner/s : Mr. Dr. Harendra Kumar Singh, Adv For the Respondent/s : Mr. Ashok Kumar Keshri AAG-11 For Bihar Education Project Council: Mr. Girijesh Kumar, Adv (In CWJC No.3825 of 2013) For the Petitioner/s : Mr. Dr. Harendra Kumar Singh, Adv For the Respondent/s : Mr. Yogendra Pd. Sinha AAG15 For Bihar Education Project Council: Mr. Girijesh Kumar, Adv (In CWJC No.3873 of 2013) For the Petitioner/s : Mr. Dr. Harendra Kumar Singh, Adv For the Respondent/s : Mr. Prabhakar Tekriwal For Bihar Education Project Council: Mr. Girijesh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014
4
ORAL ORDER
2 01-05-2014 Heard learned counsel for the parties.
When this Court would find that in the
engagement of the petitioners in Kasturba Gandhi Girls
High School, the procedure envisaged for appointment
in accordance with requirement of Article-14 and 16 of
the Constitution of India was not followed, inasmuch as,
neither any Advertisement was issued nor any selection
process of all the candidates was undergone, this Court
will have no difficulty in holding that such appointment
of the petitioners had conferred no right to continue in
government service specially when the same was
actually made by the Non-Government Organization
(N.G.O.) which had been actually authorized by the
Government to run such institution.
As a matter of fact, such practice of appointment
through the back door was specifically prohibited by the
Director whereafter screening was made all over the
state of Bihar and the appointment made earlier by
Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014
5
N.G.O. in Kasturba Gandhi Girls High School also has been terminated.
In that view of the matter, this Court is not inclined to interfere with the order of termination of the services of the petitioners as their appointment was void ab initio on account that its being in teeth of Article-14 and 16 of the Constitution of India.
At this stage, learned counsel for the petitioners has submitted that fresh selection process has started wherein the posts in Kasturba Gandhi Girls High School which were being earlier held by the petitioners is sought to be filled up and therefore, this much of direction should be given to the authorities to consider the case of the petitioners with other eligible persons.
There would be infact no difficulty for this Court in observing that if the petitioners also apply pursuant to the Advertisement and are found eligible in terms of the Advertisement their cases would also be considered with other eligible persons strictly in
Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014
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accordance with law and after following the mandate of Article 14 and 16 of the Constitution of India.
With the aforementioned observation and direction, this application is disposed of.
(Mihir Kumar Jha, J) Ranjan/-
1 issue framed by the court
Whether appointments made without advertisement or selection process are void ab initio violating Article 14 and 16.
2 provisions across 1 enactments
Usha Kumari
Jyoti Kumari
Nisha Yadav
Kumari Soni Verma
Lucy Kumari
Renu Kumari
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
