Arijit Pasayat, J. - (1.) This is the second journey of the parties to this Court. The basic issue is whether the appellants herein were legally recruited as teachers during the period from 1981 to 1983.
(2.) These two appeals are directed against two judgments of the High Court of Patna. While C. A. No. 916/1999 is directed against the judgment dismissing the writ petition filed by 55 persons including the appellants, C. A. N. 1524/1999 is directed against the judgment in Letters Patent Appeal whereby the order of the learned single Judge was affirmed. The writ petition was filed by the present appellants.
(3.) Factual background so far as undisputed is essentially as follows : About 2000 persons were appointed as primary teachers in various districts of Bihar. As legality of the appointments was questioned in various forums, enquiries were conducted. Orders were passed terminating the services of the teachers including the appellants who had been appointed during the relevant period. Such orders of termination were challenged before the High Court, which by judgment dated 11-8-1999 directed to take up the appointment of teachers in elementary schools in various districts by inviting applications from the writ petitioners as well as other persons who had been removed because they were illegally recruited by the District Superintendent of Education. It was inter alia observed that if they had become over age during the period of their service on stipend and removal of the same was not to be taken note of. The relevant portion of the judgment which has great relevance so far as the present dispute is concerned reads as follows : "On the facts of this case, we observe that persons who are qualified for appointments deserve a consideration and appointment, accordingly on such posts for which they are qualified in preference to other candidates who may be qualified. We, accordingly, direct the respondents to proceed to take up the appointments of the teachers in the Elementary Schools on Santhal Pargana and Deoghar by inviting applications from the petitioners and other persons who have been removed because they were illegally recruited by the District Superintendent of Education and select if they satisfy the eligibility conditions and appoint them. In doing so the respondent-State must relax the age limit in case of any of the petitioners are found to have become over age during the period of service on stipend and removed. The petitioners and/or any other candidate who may be appointed in the vacancy so created on account of removal of the petitioners and other persons appointed by the District Superintendent of Education shall however not claim any benefit of the appointment illegally given to them by the District Superintendent of Education but shall receive emoluments and other benefits by dint of their selection and appointment in accordance with law." ;