NAND KISHORE OJHA versus ANJANI KUMAR SINGH

NAND KISHORE OJHA versus ANJANI KUMAR SINGH

The State of Bihar, having given undertakings to appoint trained teachers to vacant posts, is bound to implement such undertakings regardless of any subsequent policy changes. The court directs filling 34,540 vacancies as a one-time measure from available trained teachers, in order of seniority, to honor the undertakings given.

Parties
Petitioner: NANO KISHORE OJHA; Respondent: ANJANI KUMAR SINGH
Jurisdiction
India
Judgment Date
09 December 2009
Procedural Posture
Contempt Petition (civil) / Order on Contempt Petition Following Breach of Undertaking
Outcome
Contempt petition adjourned; State directed to fill 34,540 vacancies from trained teachers.
Legal Topics
Breach of Undertaking, Recruitment of Teachers, Implementation of Court Orders
Contempt of Court Service Law Breach of Undertaking Recruitment of Teachers Implementation of Court Orders

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Parties

NANO KISHORE OJHA

Petitioner

ANJANI KUMAR SINGH

Respondent

Procedural Posture

Contempt Petition (civil) / Order on Contempt Petition Following Breach of Undertaking

Legal Issues

  1. 1 Whether the State of Bihar breached undertakings given to the Supreme Court regarding recruitment of trained teachers in primary schools.
  2. 2 Whether appointments made as Shiksha Mitras were in compliance with the undertakings.
  3. 3 Whether a change in policy can justify non-compliance with earlier court directives and undertakings.

Ratio Decidendi

The State of Bihar, having given undertakings to appoint trained teachers to vacant posts, is bound to implement such undertakings regardless of any subsequent policy changes. The court directs filling 34,540 vacancies as a one-time measure from available trained teachers, in order of seniority, to honor the undertakings given.

Court Disposition

Contempt petition adjourned; State directed to fill 34,540 vacancies from trained teachers.

Orders

  • 34,540 vacancies shown in December 2003 advertisement to be filled from available trained teachers in order of seniority, as a one-time measure.
  • Contempt petition adjourned for six weeks to enable State to implement order and submit a report.