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2011 Supreme(Pat) 2268

SHIVA KIRTI SINGH, SHIVAJI PANDEY
Meena Mishra W/o Prem Prakash Mishra – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat – Respondent


Order

Heard learned counsel for the appellant and the learned counsel for the State. .

2. By the order impugned before the writ court contained in Annexure-27, the service of the appellant/writ-petitioner has been terminated after recording a finding that her very entry on the post of Assistant Teacher due to leave vacancy in Government Girls' High School, Purnea was illegal because there was no advertisement or interview nor the roster system was followed. The learned Single Judge has considered the matter in detail and on deep analysis of the facts has found and held that entry of the appellant in service was illegal and hence she cannot be permitted to continue in service in view of settled law to that effect.

3. The impugned order passed by the Inspectress of Schools-cum-Deputy Director of Education, Bihar, Patna dated 17th December, 2002 is a speaking order and the basic facts mentioned in that order have been found to be correct by the writ court.

4. The learned counsel for the appellant has raised two major issues. Firstly, according to him large number of similarly appointed assistant teachers are continuing in service in the State of Bihar. He has impleaded some of them as res





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