LAWS(SC)-2014-3-113

NESAR AHMAD AND ANR. Vs. STATE OF JHARKHAND AND ORS.

Decided On March 03, 2014
Nesar Ahmad And Anr. Appellant
V/S
State Of Jharkhand And Ors. Respondents

JUDGEMENT

(1.) ALL the Petitioners, in these three Writ Petitions filed under Article 32 of the Constitution of India, are similarly situated. After getting the requisite training they have acquired the nomenclature of 'trained teachers'. They seek an appointments in the schools run by the Respondent -State of Jharkhand as assistant teachers. Some IAs filed by several similarly situated teachers for impleadment and seeking the same relief. It is for this reason that these petitions were conjointly heard.

(2.) THE exact prayer, contained in Writ Petition (Civil) No. 173 of 2010, would give a glimpse of the nature of the case set up by these Petitioners and the precise relief which these Petitioners pray for. This prayer reads as under:

(3.) IN nut -shell, the direction was to conduct a special selection for filling up of the unfilled posts from amongst the applicants who had already submitted their applications pursuant to the advertisement issued and it was to be confined to those applicants who were possessing teachers training/qualification obtained from Government/private teachers' training institution i.e. from amongst the trained teachers. As per the Petitioners as on 30.9.1993 there were about 45,000 vacancies in as much as against total post of 2,09,981, number of teachers working were 1,54,751. Furthermore, in next three years about 18,431 teachers were expected to retire. Therefore, projected vacancies were approximately 63,000. On the creation of the State of Jharkhand in terms of Bihar Reorganisation Act, 2000 proportionate vacancies i.e. one -third came to the share of State of Jharkhand which would mean that 21,000 vacancies were available on the date on which this State was created.