JUDGMENT:

C.K. THAKKER, J.

1. Leave granted.

2. This appeal by special leave arises from the judgment and order dated March 22, 2004 passed by the Division Bench of the High Court of Judicature at Patna in Letters Patent Appeal No. 323 of 2004. By the said order, the Division Bench allowed the appeal filed by the Association of Untrained Lecturers and set aside the order dated January 28, 2004 passed by a single Judge of that Court in Civil Writ Jurisdiction Case No. 7224 of 1999.

3. To appreciate the controversy raised in the present appeal, few relevant facts may be noted:

4. Advertisement No. 1 of 1987 was issued by the appellants, inviting applications for appointment of +2 Lecturers in Secondary Schools in the pay scales of Rs.940-1660 in Government Schools as well as in Nationalized Schools. The qualification prescribed in the Advertisement for the post was Post-Graduate Degree in II Class. There was no requirement of having training for appointment to the said post. In 1989, Members of the Respondent-Association who had Post-Graduate Degree in II Class but who were untrained, were selected and appointed as Lecturers in Nationalized Schools in the pay scales of Rs.940-1660. Afte