Judicial adherence is essential in educational dismissals, requiring compliance with prior rulings to prevent unlawful terminations.

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 02-12-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. Initially, in the name of verification of certificate and testimonials, the District Education Officer, Saharsa, passed an order of dismissal vide Annexure-P/7, as contained in Memo No.1173 dated 18.07.2022.

3. The said order of dismissal became the subject matter of challenge before this Court and the Co-ordinate Bench of this Court vide order dated 20.04.2024 passed in C.W.J.C. No.11895 of 2022 set aside the order of dismissal and directed the respondents to consider the case of the petitioner keeping in mind the Bihar litigation Policy, 2011, in the light of the judgment rendered in L.P.A. No.1254 of 2016 , passed by this Hon’ble Court.

to pay the entire salary for the period this petitioner was made to remain out of job contrary to the dictum of Hon’ble Apex Court as well the judgment rendered by Hon’ble Division Bench in L.P.A. No.1254 of 2016 and 1310 of 2016, whereby the termination made in the name of verification and scrutiny of other testimonials of the teachers, who were appointed under the orders of Hon’ble Apex Court and the matter was sealed and was not to be opened since, the entire appointments were made on the recommendation of the Committee headed by Hon’ble Justice Chattopadhay and in terms of the judgment of Hon’ble Apex Court, these appointments were not to have been re- opened on the grounds of verification or qualification unless permitted to do so.

5. This Court, time and again is witnessing that despite there being complete ban of such exercise, the District Education Officers of different districts have issued termination orders and the concerned teachers are forced to knock the door of this Hon’ble Court for payment of salary for the period they were illegally made to remain out of job.

directed to pay the entire salary, during the period the petitioner remained out job, in the name of verification of documents and other testimonials, within a period of eight weeks, failing which this Court will consider passing appropriate orders against the concerned Officer, including initiation of contempt proceedings for violating the orders of Hon’ble Apex Court as well as of this Hon’ble Court in several cases, which has been detailed in the writ petition.

7. List this case on 27.01.2026.

(Ajit Kumar, J)