ANIL KUMAR Vs. CHIEF SECRETARY TO THE STATE GOVERNMENT OF BIHAR

JUDGEMENT

(1.) The petitioner has questioned the validity of an advertisement dated 7-5-1985 issued by the District Superintendent of Education, Hazaribagh, inviting applications for preparation of a Panel of candidates for appointment to the posts of Assistant Teachers in the Primary Schools of the district and the order dated 31-1-1986 issued by the Special Secretary, Department of Education, Government of Bihar, laying down the requisite qualifications conditions for being considered for appointment to the aforesaid posts.

(2.) In the advertisement aforesaid, one of the conditions for eligibility to apply for the posts aforesaid was that the applicant must be a trained teacher from the district of Hazaribagh or he must have passed the Metric or higher education from the district of Hazaribagh or his parent must be living in the said district for the last ten years.

(3.) It is the case of the petitioner that he became a trained teacher having received training in an institution in the district of Hazaribagh and as such he was eligible for making application for one of the posts advertised. Later, by an order dated 31-1-1986, the Special Secretary, Department of Education, Government of Bihar, while purporting to exercise power under Section 8 of the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976 (Bihar Act 30 of 1976), defined "residents of the district" to mean (i) the original or permanent residents of the district, (ii) persons whose parents were living in the district in question for more than ten years. About the female candidates it was mentioned that they shall be deemed to be the permanent residents of the district if their husbands or fathers were the residents of the district.