JUDGMENT

DR. A.S. AN AND, J.- The controversy in all these cases revolves around the appointment of Assistant-teachers in the primary schools and the fall out of circular-letter, dated 2.7.1989, issued by the State of Bihar. The questions being identical, the same are being disposed of by this common judgment. Before dealing with the individual cases, a reference to the historical background would be necessary.

2. In the State of Bihar, appointments of teachers to primary schools were being made since 1970 on the basis of residence of the candidates in a particular district, the objective being to cater to the educational needs of the districts by providing men and resources from that district itself. Advertisements were issued in different districts, inviting applications from the residents of the district having requisite qualifications for appointment as Assistant-teachers in the primary schools within the jurisdiction of District Education Superintendent. The minimum qualifications and other requirements were set out in the advertisement. Appointments were made from apanel prepared on the basis of qualifications and eligibility of the candidates who had applied for such appointments. The panels were prepared district-wise. The High Court of Patna in Anil Kumar v. Chief Secretary{1987 Patna Law Journal Reports 846} declared the panels, prepared on the basis of residence in a particular district, as unconstitutional. The High Court, however, directed that the appointments already made from those panels should not be disturbed but the State was restrained from making any further appointments from the panels, prepared for the different districts. In the wake of the judgment in Anil Kumars case(supra), the Government of Bihar first issued directions to stay further appointments from the panels prepared on district-wise basis on 1.3.1989 and subsequently vide Government circular-letter dated 2.7.1989, issued further instructions regarding the appointment of primary teachers. The said letter reads as follows:

"From

Mr. Manesh Prasad,

Additional Commissioner-cum-Special Secretary.

To

The All Collectors/Deputy Commissioner.

Dated 2.7.1989.

Sub: Regarding the appointment of Primary Teachers.

Sir,

As per instructions it is to say on the aforesaid subject you were directed to stay the appointment of Primary School Teachers through Letter No.981 dated 1.8.1989 of this department.

2. The Government has taken the following decision after consultation with the Advocate General of Bihar in respect of the order given by the Honble High Court vide C.W.J.C. No.5490/86 and C.W.J.C. No.3882/ 1988-

1. The panel of the candidates which have been prepared on the basis of the inhabitant of the Distt. be treated as rejected.

B. Those candidates who have already been appointed from this panel, will continue their appointment

For the preparation of a panel of the appointment of teachers, data should be collected from the office of the Directorate of Primary Education. There should be no restriction for the inhabitant of the District. The decision has also been taken that in all proceedings relating to appoint ment, the decision will be taken by the committee formed by the Distt. authority of general public notice will be issued from the office of the Directorate of Primary Education only for application.

According to that Public Advertisement, the last date for filing the application will be the same as well as the scrutiny of the form will also be the same in each district.

(d) Those candidates who are already in the panel but they could not be appointed due to this instruction will also be covered by the application.

On the basis of the required suitability, after including in the new panel they will be given age relaxation by the competent authority.

Yours faithfully,

Sd/ Illegible

(Manesh Prasad)"

3. As a consequence of the letter, dated 2.7.1989, the Collectors and the Deputy Commissioners made no further appointments of Assistant-teachers in the primary schools from