Dismissed

Janaradan Hembram v. The State Of Bihar and Ors.

Patna HC21 Mar 2017CWJC/1736/2017

Case brief

AI extract

What is this about?

The Patna High Court disposed of a PIL concerning non-appointment of lecturers and discrepancies in the process. The court noted that advertisements had been issued and the process was underway, declining to interfere further. It also refused to examine the absorption of deputed teachers or specifics of alleged incompetent appointments without material evidence.

What the court decided

AI extract

Janaradan Hembram Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.1736 of 2017

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=========================================================== Janaradan Hembram, son of Chaklal Hembram, Resident of Kachri Gali, Saidpur, P.S.- Kadamkuan, District- Patna.

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.... .... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.

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The Principal Secretary, Department of Education, Government of Bihar, Patna.

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The Director, Research and Training Institute Directorate, Government of Bihar, Patna.

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The Secretary, Bihar School Examination Board, Patna.

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The Bihar Public Services Commission through its Chairman, Bihar, Patna.

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The Chairman, Bihar Public Service Commission, Bihar, Patna.

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.... .... Respondent/s

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=========================================================== Appearance :

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For the Petitioner/s : Mrs. Soni Shrivastava, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey-AAG15

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=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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And

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HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL JUDGMENT

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(Per: HONOURABLE THE CHIEF JUSTICE)

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Date: 21-03-2017

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The petitioner has filed this writ petition in public interest and the grievance of the petitioner is that in spite of directions issued on 06.05.2016 in CWJC No.12609 of 2015, the State Government and the Bihar Public Service Commission has not taken any steps for appointing competent persons on the post of Lecturers at Primary Teachers Education Colleges, Block Education Institute of Training and various other Training Institutes. That apart, pointing out various discrepancies in the appointment made and complaining that incompetent persons contrary to the Recruitment Rules are being

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Patna High Court CWJC No.1736 of 2017 dt.21-03-2017

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2/3

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appointed, this petition has been filed and it is stated that Lecturers are not being appointed in accordance to the requirement of Rule and adequate number of Lecturers are not available.

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However, petitioner’s own showing indicate that after the earlier writ petition was disposed of, Advertisement Nos. 2/2016, 3/2016, 4/2016, 6/2016, 7/2016 and 8/2016 have been issued and the Bihar Public Service Commission is in the process of making appointment based on these advertisements and even though six months have passed since issuance of the advertisements, it is stated that the process is not completed. However, as the process has already been initiated, we hope that the process would be completed well before commencement of the next academic session 2017-18 and for the present, once the process is in motion, we are not inclined to make any interference into the matter.

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As far as the question of 99 deputed school teachers are not being absorbed is concerned, in this public interest litigation, we do not deem it appropriate to go into the said aspect as this is a service matter with regard to absorption of the deputed teachers and if the deputed teachers are not being absorbed, it is for them to ventilate the same by approaching the Court. At the instance of the petitioner, this issue cannot be considered in this petition.

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With regard to discrepancies and incompetent teachers are

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Patna High Court CWJC No.1736 of 2017 dt.21-03-2017

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3/3

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being appointed, in the absence of there being any specific material indicating the illegalities, discrepancies or particulars of the incompetent persons being appointed and without the incompetent persons being parties in this proceedings, we do not deem it appropriate to go into this aspect.

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Accordingly, finding no merit in this petition, no indulgence can be granted to the petitioner. The writ application is disposed of.

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(Rajendra Menon, CJ)

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(Sudhir Singh, J)

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Sunil/-

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AFR/NAFR	N. A. F. R.
CAV DATE	N. A.
UploadingDate	23.03.2017
Transmission Date

Janaradan Hembram v. The State Of Bihar and Ors.

Case brief

What is this about?

What the court decided

Janaradan Hembram v. The State Of Bihar and Ors.

Case brief

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What the court decided

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