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1999 Supreme(SC) 926

D.P.WADHWA, S.SAGHIR AHMAD
Kapildeo Prasad Sah – Appellant
Versus
State Of Bihar – Respondent


Judgement Key Points

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Judgment

D.P. Wadhwa, J.-Leave granted.

2. On refusal of the Patna High Court to intiate procedings for con­tempt against the respondents, the appellants have come to this court.

3. The appellants were working as Assistant Teachers in different elementary schools in Godda district in the State of Bihar. They are in the category of untrained teachers. Their services were terminated. Some of the teachers similarly placed filed writ petitions in the High Court against their termination and the matter ultimately reached this Court. It is not necessary to go into the various stages of the liti­gation except to note that this Court by order dated November 30, 1992 in Birendra Kumar & Ors. v. State of Bihar1 directed as under :

“We, therefore, direct once again that if there are vacancies and if there are not trained teachers available the untrained teachers who were employed prior to the newe rule came into operation, would be reinstated in service if after subjecting them to the selection proc­ess they are found suitable. If there are no vacancies, they would be empanelled according to their seniority and would be appointed accord­ing to their seniority in the vacancies arising in future. U
















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