S. N. Pathak, J. - (1.) Heard learned counsel for the parties.
(2.) Present Civil Review Case No. 93 of 2013 has been preferred for reviewing a portion of order dated 4th May, 2006, passed in C.W.J.C. No. 3079 of 1997 (P) preferred by the petitioners. The said order reads as under: " Heard the parties. 2. Petitioners' grievance is that their name was wrongly not included in the panel prepared in 1994 for the districts of Dumka, Deoghar, Sahebganj and Godda. 3. So many assistant teachers appointed between 1981- 83, were terminated in 1984 when it was learnt that they were appointed without following the procedures for appointment. Ultimately, as per the order of Hon'ble Supreme Court, the case of all such persons including the petitioners were considered and the final panel was prepared in 1994. Hundred of teachers including the petitioners were not found fit for inclusion of their names in the final/ waiting panels. After three years, petitioners filed this writ petition. The allegation of discrimination has been denied and disputed in the counter affidavit. In any event, this Court cannot perpetuate illegality, if any. This case is covered by the judgment dated 23.8.2004 passed in LPA No. 477 of 2003 with analogous cases, in which in similar circumstances, it was held that admittedly such teachers like the petitioners have no right to be appointed, their names having not been included in the final panel. It was further held that the life of panel having lapsed after one year i.e. in the year 1995, no appointment can be made from the said panel. Further, there has been substantial change in the situation after bifurcation of the States in the year 2000. Accordingly, this writ petition is dismissed. However, there will be no order as to costs."
(3.) The petitioners herein had preferred writ petition i.e. C.W.J.C. No. 3079 of 1997 (P) stating inter alia that an advertisement was issued by the unified state of Bihar dated 07.4.1981 inviting applications from both trained as well as untrained candidates. Pursuant to the said advertisement, petitioners and others applied for the same and pursuant to interview held on different dates the present petitioners were appointed following the due process of law on the recommendation made by the District Establishment Committee. After having worked for some period of time the services of the present petitioners were terminated in the month of December 1982 on the ground that the panel of appointment was not approved by the Regional Director of Education, Government of Bihar. Said impugned action was challenged by filing various writ applications which was finally decided by the Hon'ble Patna High Court in CWJC No. 147 of 1983 and other analogues matters wherein the Hon'ble Court set aside the order of termination and the State respondents had been directed to issue fresh notice before taking any action as against the teachers.;