JUDGMENT

A. S. ANAND, J.:- Shorn of details the circumstances giving rise to the filing of these petitions seeking certain directions and initiation of contempt proceedings against the respondents are as follows:

The petitioners were at the relevant time working as primary school teachers in the State of Bihar. Services of some of the teachers were terminated. The orders of termination were questioned before the High Court of Patna and a Division Bench of that Court vide judgment dated 11-8-1989 accepted the position that the services of the teachers had been terminated on account of improper and illegal recruitment by the State. The High (court was, however, of the opinion that the petitioners were not in any way responsible for the improper recruitment. The Division Bench gave a direction to the State to screen appropriately the cases of the petitioners and to recruit those who satisfy the requirements. The Division Bench noticed as follows:

"On the facts of this case, we observe that persons who are qualified for appointments deserve a consideration and appointment, accordingly on such posts for which they are qualified in preference to other candidates who may be qualified. We, accordingly, direct the respondents to proceed to take up the appointments of the teachers in the Elementary Schools of Santhal Pargana and Deoghar by inviting applications from the petitioners and other persons who have been removed because they were illegally recruited by the District Superintendent of Education and selected if they satisfy the eligibility conditions and appoint them. In doing so the Respondent State must relax the age limit in case of any of the petitioners found to have become over age during the period of service on stipend and removal. The petitioners And/ or any other candidate who may be appointed in the vacancy so created on account of removal of the petitioners and other persons appointed by the District Superintendent of Education shall however not claim any benefit of the appointment illegally given to them by the District Superintendent of Education but shall receive emoluments and other benefits by dint of their selection and appointment in accordance with law."

2-3. The Court also found that the orders served on the petitioners were violative of principles of natural justice. However, the Court did not quash the orders of termination but directed that in future selections, preference would be given to the petitioners. The petitioners filed special leave petitions seeking quashing of the termination orders.

4. In the special leave petitions certain directions came to be issued by this Court on 7-2-1991. The State of Bihar was directed that it should carry out the selection process for the retention of the services of those teachers who were qualified at the time of their appointment and that such of the teachers who were found qualified were to be taken back in the employment and were to be given full benefit of continued service irrespective of any break in service on account of the termination of the services. This Court also noticed that the direction of the High Court to the State to hold fresh selections and the methodology to be adopted therefor had become final against the State inasmuch as the State had not called in question the order of the Division Bench and those directions of the High Court did not require interference. The Court gave three months to the State for completion of the selection process in accordance with the directions of the High Court. The outside limit during which the process was required to be completed was fixed, as 30th June, 1991. The Court observed:

"In considering the suitability for selection the Rules which were in force at the time the Teachers were recruited should be taken into account and disqualification shall not be imposed on the basis of any altered Rule. It will also be open to the State to consider the claim of Teachers who came after the altered Rules in terms of the Rules i