JUDGMENT

Ahmadi, CJI.-Special leave granted.

2. The Director, Primary Education, Bihar, issued an advertisement on 7.8.1988 inviting applications for appointment to the post of Assistant Teachers. The respondents applied in response thereto. They were interviewed by a Selection Committee some time in July, 1989 and thereafter a panel of 273 persons including the respondents came to be prepared by the said Selection Committee on 19.1.1991. Out of the candidates so selected, the Director approved the names of 98 persons for appointment on 30.1.1991 and hence the remaining candidates remained on the panel described as the waiting list. Out of 98 candidates so appointed, 47 belonged to the general category, 43 to the Scheduled Tribes category, 6 to the Scheduled Castes category and 2 to the handicapped category. Out of 98 persons, only 91 joined. The panel for the remaining candidates was prepared on 26.8.1991, which was described as the revised waiting list. Some of the candidates, who were not appointed, moved the High Court by way of writ petition on 20.1.1992. By an interim order of the High Court, the panel was not allowed to lapse.

3. The Government Basic School, Assistant Teacher