ANIRUDH BEHARI PRASAD Vs. STATE OF JHARKHAND, DIRECTOR, SECONDARY EDUCATION, REGIONAL DEPUTY DIRECTOR OF EDUCATION AND DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) THE services of the appellants having been terminated by the Director, Secondary Education -cum -Joint Secretary, vide Memo No. 892 dated 28 th June, 1997, on the ground of illegal appointment and the writ petitions being C.W.J.C. No. 7859 of 1997 and W.P.(S) No. 3867 of 2002 having been dismissed by the learned Single Judge vide common judgment dated 6 th August, 2003, the instant appeal has been preferred by the appellants.

(2.) THE main plea taken by the appellants is that they having been legally appointed after following the procedure of appointment and their services having been regularized as back as in the year, 1990, there was no occasion for the authorities to reopen the issue.

(3.) ON the other hand, according to the counsel for the State, the appellants having been appointed illegally, regularization of their services was not permissible. The respondent -State has also disputed the plea, taken by the appellants, that they were appointed after advertisement, published in the newspaper, by a valid selection committee and competent authority.