YASHWANT SINGH & ORS. versus STATE OF BIHAR & ORS.

YASHWANT SINGH & ORS. versus STATE OF BIHAR & ORS.

Applications, SLPs, and writ petitions relating to anomalies in the selection list are to be treated as withdrawn, with liberty to approach the High Court, but with a clear direction that appointments already made to 34,540 posts shall not be disturbed.

Parties
Petitioner: Yashwant Singh & Ors.; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
18 July 2013
Procedural Posture
Special Leave Petition (civil) / Final Order Disposing of Slps and Related Applications/writ Petitions
Outcome
SLPs, writ petitions, and applications dismissed/treated as withdrawn with liberty to approach the High Court; protection to existing appointees.
Legal Topics
Appointment of Primary Teachers, Contempt of Court, Recruitment Rules, Preparation of Select List
Service Law Appointment of Primary Teachers Contempt of Court Recruitment Rules Preparation of Select List

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Parties

Yashwant Singh & Ors.

Petitioner

State of Bihar & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Order Disposing of Slps and Related Applications/writ Petitions

Legal Issues

  1. 1 Whether the State of Bihar was required to appoint trained teachers in the vacancies of primary teachers as per earlier undertakings.
  2. 2 Whether defects in the preparation of the select list justified further judicial intervention.
  3. 3 Whether appointments already made could be disturbed due to subsequent claims or challenges.

Ratio Decidendi

Applications, SLPs, and writ petitions relating to anomalies in the selection list are to be treated as withdrawn, with liberty to approach the High Court, but with a clear direction that appointments already made to 34,540 posts shall not be disturbed.

Court Disposition

SLPs, writ petitions, and applications dismissed/treated as withdrawn with liberty to approach the High Court; protection to existing appointees.

Orders

  • All applications, Special Leave Petitions and Writ Petitions are disposed of as withdrawn, with liberty to approach the High Court individually or otherwise.
  • Appointments already made against 34,540 posts shall not be disturbed.