IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1028 of 2007 IN Civil Writ Jurisdiction Case No. 7493 of 2000 =========================================================== Amresh Kumar Singh, son of Sri Radha Prasad Singh, resident of village and Post Office- Sadanandpur, P.S. Ballia, District- Begusarai .... .... Appellant/s Versus

1. The State of Bihar

2. The Director (Secondary Education), Bihar, Patna .... .... Respondent/s with ===========================================================

Letters Patent Appeal No. 1509 of 2009 IN Civil Writ Jurisdiction Case No. 3112 of 2001 ===========================================================

1. The State Of Bihar

2. The Director (Secondary Education) Bihar, Patna

3. The Deputy Director (Secondary Education), Bihar Secondary Education Office, Budha Marg, Patna

4. The District Education Officer Patna

5. The District Education Officer Begusarai

6. The Principal R.S.S.M. Railway Aided High School, Mokama Ghat, Patna .... .... Appellant/s Versus

1. Surendra Prasad Mahto @ Surendra Pd. Mahto S/O Sri Ram Sagar Mahto Vill-

Banbaripur, P.S. Bhagwanpur, Distt. Begusarai .... .... Respondent/s with ===========================================================

Miscellaneous Jurisdiction Case No. 6050 of 2012 =========================================================== 1. Amresh Kumar Singh S/O Shri Radha Prasad Singh Resident Of Village & Post Office- Sadanandpur, P.S- Balia, District- Begusarai.

.... .... Petitioner/s Versus

1. The State Of Bihar

2. The Director, (Secondary Education), Bihar, Patna.

.... .... Respondent/s ===========================================================

Appearance :

(In LPA No.1028 of 2007)

For the Appellant/s : Mr. Mr. Amresh Kr. Singh (in person)

Mr. Sushil Kumar Ray, Advocate Mr. Onkar Kumar, Advocate For the Respondent/s : Mr. Sunil Kr. Mandal, SC-3 Mr. Arjun Prasad, AC to SC-3 Neelam Kumari, AC to SC-3 Smt. Nutan Kumari, Advocate (SC15)

(In LPA No.1509 of 2009)

For the Appellant/s : Mr. Bipin Kr.(Ac To Sc15)

For the Respondent/s : Mr. Sushil Kumar Manick, Advocate Mr. Upendra Pratap Singh, Advocate (In MJC No.6050 of 2012)

For the Petitioner/s : Mr. Amresh Kr. Singh (in person)

Mr. Sushil Kumar Ray, Advocate Mr. Onkar Kumar, Advocate For the Respondent/s : Mr.

===========================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date: 29-08-2017 The matter has been placed before this Full Bench in view of an order passed on 22.2.2008 by a Division Bench of this Court in L.P.A. No.1028 of 2007. Before adverting to take note of the reference made and before considering the question involved in the matter, we may take note of certain factual aspects which have relevancy with regard to the issue in question.

In the District in question, namely, Begusarai, the Education Department through the District Education Officer, conducted certain recruitment process based on a Circular issued by the State Government on 3.12.1980. Names were called for from the Employment Exchange and for filling up certain vacancies that were available in the District in question on the post of Clerk, the District Education Officer conducted the process of recruitment after requisitioning names from the Employment Exchange and in the year 1990 i.e. on 9.3.1990 made appointments to the post in question. In L.P.A. No.1028 of 2007, the appellant therein Shri Amarish Kumar Singh was appointed on 9.3.1990 and in L.P.A. No.1509 of 2009 the respondent Surendra Prasad Mahto was appointed on 29^th of August, 1989. Apart from these two persons, 28 other persons were also appointed in similar fashion on various dates. After these appointments were effected, in the year 2001 the State Government issued instructions to the departmental authorities that these appointments are not in accordance with the requirement of law and, therefore, all these appointments