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2006 Supreme(Pat) 702

Anil Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s Ganesh Prasad Singh, Manish Kumar, Sanjeev Kumar, Shree Kant Pandey, Amaresh Kumar Singh & Dinesh Kumar.
For the State : Mr. Sunil Kumar Mandal.

ORDER

1. All these seven writ petitions shall be governed by this common judgment and order in view of common question of law raised by learned counsel for the petitioners. At the outset, it must be pointed out that detailed arguments were advanced only in CWJC No. 11980 of 2000 and the same has been adopted by counsel for the petitioners in other cases.

2. In all these cases, the issue is whether this Court should issue appropriate writ to quash the impugned orders passed by the Director, Secondary Education, Government of Bihar, whereby and whereunder it has been held that the petitioners, who claim to be occupying class IV or Class III posts in various schools, are not entitled to continue in service because the appointments were made without following the prescribed procedure inasmuch as no advertisements were issued, no panels were prepared and the petitioners were appointed in illegal manner and allowed to continue by concerned District Education Officers till such illegality was detected in an inquiry held after giving opportunity of show cause to the petitioners.

3. On behalf of the petitioners, reliance has been placed upon some judgments given in past by single Bench as well













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