1. Heard counsel for the parties.

2. Initially this application was filed for a direction to the respondents to make payment of arrears of salary to the petitioner since February 1998 and also the current salary. However, during the pendency of this writ application, the petitioner was terminated vide order, as contained in memo no. 3173 dated 1.12.2000, which was made available to the petitioner in January 2001, and, therefore, by amendment application the order of termination, as contained in annexure 18 has been challenged.

3. Short facts giving rise to this application are as follows: The petitioner after passing Matriculation examination joined the Primary Teachers Training College, Madhepura for two years training in 1975 and pursuant to the advertisement dated 21.10.1976, issued in Aaryavarta, inviting applications for preparation of panel for appointment as Assistant Teachers in Primary/Middle Schools in the District of Purnea the petitioner applied. The petitioner thereafter appeared before the interview board on 17.11.1976 and she was finally selected and a panel was prepared for appointment as an assistant teacher in the District of Purnea in accordance with the guidelines issued by the Directorate of Primary Education. The petitioner thereafter pursuant to memo no. 1253-56 dated 31.1.1979, issued by the District Superintendent of Educatior Purnea, as contained in annexure 3, was appointed against the vacant post as stop gap arrangement on the post of assistant teacher and she joined the post on 12.7.1979. Her services thereafter were regularised vide order dated 20.2.1980, as contained in annexure 5 with effect from the date of her joining. Thereafter she continued on the post without any hindrance. In the month of February 1998 an inquiry was directed by the District Superintendent of Education as to the legality of initial appointment of the petitioner and she was intimated on 25.9.1998 by the headmaster of the school that till inquiry is completed for her appointment, her salary shall not be submitted to the office of the District Superintendent of Education, Purnea and at the same time, the petitioner was asked to submit her original Matriculation certificate and to explain as to under what circumstances appointment letter was issued to her and, ultimately, she produced the certificate etc. which was, sent for verification to the Bihar School Examination Board, which was found genuine. Now some how or the other vide order, as contained in annexure 18, she has been terminated from services giving rise to this writ application.

4. The question of legality or otherwise of the appointment of the petitioner is the issue for consideration.

5. Dr. Sada Nand Jha, learned counsel appearing on behalf of the petitioner submitted, inter alia, that the petitioner applied for the post of assistant teacher pursuant to the advertisement and she having the requisite qualification for appointment as an assistant teacher and vide order, as contained in annexure 3 she was appointed as stop gap arrangement as an assistant teacher and her services were regularised by the authority concerned vide annexure 5 dated 20.2.1980 and she continued as an assistant teacher till passing of the order impugned dated 1.12.2002. It is, therefore, submitted that after continuation of the petitioner for (sicmore ?) than, 20 years in service, now she has been terminated, therefore, the order impugned must be held to be arbitrary, unreasonable and opposed to the principlps of equity.

6. A counter affidavit and a supplementary counter affidavit have been filed on behalf of the State stating therein that the petitioner was not appointed by the establishment committee nor her name appeared in the panel and the authorities concerned after due inquiry found that the petitioner got herself appointed on the basis of forged and fabricated appointment letter, and, accordingly, the committee decided to terminate her services.

7. Learned counsel appearin