NANO KISHORE OJHA versus ANJANI KUMAR SINGH

NANO KISHORE OJHA versus ANJANI KUMAR SINGH

The State of Bihar is directed to fill all 34,540 posts of Assistant Teachers from among trained teachers in order of seniority, after accommodating reserved category candidates as a one-time measure, and not to leave vacancies unfilled due to reservation policy or restrict eligibility in violation of the Court's directions.

Parties
Petitioner: Nano Kishore Ojha; Respondent: Anjani Kumar Singh
Jurisdiction
India
Judgment Date
12 May 2010
Procedural Posture
Contempt Petition (c) No.297 of 2007 in SLP (c) No.22882 of 2004 / Order on Compliance and Adjournment
Outcome
Matter adjourned for compliance; specific directions issued to fill all posts as per order.
Legal Topics
Breach of Undertaking, Recruitment of Teachers, Appointment of Primary School Teachers, Reserved Category Appointments, Compliance With Court Orders
Contempt of Court Service Law Breach of Undertaking Recruitment of Teachers Appointment of Primary School Teachers Reserved Category Appointments Compliance With Court Orders

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Parties

Nano Kishore Ojha

Petitioner

Anjani Kumar Singh

Respondent

Procedural Posture

Contempt Petition (c) No.297 of 2007 in SLP (c) No.22882 of 2004 / Order on Compliance and Adjournment

Legal Issues

  1. 1 Whether the State of Bihar breached the undertaking given to the Supreme Court regarding appointment of trained teachers to vacant posts in primary schools
  2. 2 Whether the recruitment rules and reservation provisions constitute compliance with the Court's orders

Ratio Decidendi

The State of Bihar is directed to fill all 34,540 posts of Assistant Teachers from among trained teachers in order of seniority, after accommodating reserved category candidates as a one-time measure, and not to leave vacancies unfilled due to reservation policy or restrict eligibility in violation of the Court's directions.

Court Disposition

Matter adjourned for compliance; specific directions issued to fill all posts as per order.

Orders

  • Directed that 34,540 posts be filled up from amongst trained teachers in order of seniority after providing for reserved category candidates as a one-time measure.
  • Directions to be complied with by 31st August 2010; matter adjourned to 8th September 2010 for compliance report.