AI Drafter 
TaxTMI 
TaxTMI 
1991 (11) TMI 269
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....rking as primary school teachers in the State of Bihar. Services of some of the teachers were terminated. The orders of termination were questioned before the High Court of Patna and a Division Bench of that Court vide judgment dated August 11, 1989 accepted the position that the services of the teachers had been terminated on account of improper and illegal recruitment by the State. The High Court was, however, of the opinion that the petitioners were not in any way responsible for the improper recruitment. The Division Bench gave a direction to the State to screen appropriately the cases of the petitioners and to recruit those who satisfy the requirements. The Division Bench noticed as follows: "On the facts of this case, we obse....
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....pecial leave petitions seeking quashing of the termination orders. 3. In the special leave petitions certain directions came to be issued by this Court on February 7, 1991. The State of Bihar was directed that it should carry out the selection process for the retention of the services of those teachers who were qualified at the time of their appointment and that such of the teachers who were found qualified were to be taken back in the employment and were to be given full benefit of continued service irrespective of any break in service on account of the termination of the services. This Court also noticed that the direction of the High Court to the State to hold fresh selections and the methodology to be adopted therefor had become fina....
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....xecutive directions/regulations only trained teachers were eligible for appointment in both the categories while the untrained teachers, in exceptional circumstances, could be appointed against the reserved categories of Scheduled Castes, Scheduled Tribes, Urdu and Sanskrit only. In other words, the Commissioner concluded that those untrained teachers who did not belong to any of the aforesaid four categories but belonged to the general category were not eligible for appointment. Thus, out of the untrained dismissed teachers numbering about 2000, only about 81 teachers, it is alleged, were found to be qualified and their services were retained. The petitioners allege that the order of the Commissioner is completely contrary to the executive....
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....asis of I.Sc trained and only matric with science trained will be appointed on the basis of matric trained. Where candidates of the aforesaid qualifications are not available in required number, the candidates having qualifications more than those stated above may also be appointed. The names of the candidates, in each category, will be written yearwise in the following manner: "... first of all matric trained, then I.A, I.Sc trained and thereafter graduate trained, on the basis of marks obtained in educational and training courses and their appointments will be made accordingly." Sub-clause (d) of para 2, however, provides: "After the names of trained candidates the names of untrained candidates, of each category....
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....esh selections the bar of age should not be used against the teachers. The order of the Court applied to untrained teachers for all the categories also. The Commissioner has made an order which, in our opinion, is not in conformity with the directions given by this Court and the Division Bench of the High Court. The directions of the Court, in the peculiar facts and circumstances of the case arising out of closure of a number of schools for want of teachers, provided inter alia that even the untrained teachers were entitled to be selected and appointed not only in the reserved categories but also in the other categories, provided trained teachers are not available and the untrained teachers are otherwise qualified, without putting the bar o....