LawDistill
Supreme Court of India

YASHWANT SINGH vs STATE OF BIHAR on 18 July, 2013

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SLP(C) No.-026824-026824 - 2012Official PDFBench Altamas Kabir, Anil Ramesh Dave, Vikramajit SenAdvocates MUSHTAQ AHMAD | MANISH KUMAR SARAN
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO.26824 OF 2012
YASHWANT SINGH & ORS. … PETITIONERS
VS.
STATE OF BIHAR & ORS. … RESPONDENTS
WITH
I.A.Nos. 668, 669, 671, 674, 675, 676, 677, 679,
680, 681, and Dy. Nos.96650,102358, 102908,
107866/2011 and 1117, 1251, 3372, 3363, 4307,
4775, 5820, 4785, 5802, 7277, 8002, 7861, 7860,
8223, 8232, 8025, 8709, 9296, 9291, 9610, 9582,
10029, 10303, 10783, 10777, 10773, 10772, 10817,
10822, 11173, 4069, 11080, 11355, 11872, 12010,
12009, 12012, 12523, 4473, 13535, 13533, 13883,
14230, 14529, 14902, 14901, 15677, 5602, 17890,
17893, 19256, 20919, 20920, 5727, 22003, 30504/2012
and Contempt Petition (C) No.87/2013 in
Contempt Petition (C) No.297/2007 in S.L.P. (C)
No.22882 of 2004
W.P. (C) No.49JUDGMENTof 2013
S.L.P. (C) No.5946 of 2013
Writ Petition (C) No.344 of 2012
O R D E R

5.Subsequently, it came to light that the number of

candidates available were much more than the number

of vacancies and there were also serious doubts

raised about the eligibility of some of the

candidates and the genuineness of some of the

institutions from which they alleged to have

received their training. In our order of 19th

January, 2011, we had indicated that certain

incongruities had been pointed out on behalf of the

Petitioners with regard to the list of eligible

candidates furnished by the State of Bihar.

6.When the said dispute could not be resolved in

terms of the list produced by the State of Bihar,

we thought it fit to entrust a neutral person with

the work and, accordingly, we had appointed Justice

V.A. Mohta, a retired Judge of the Bombay High

Court, who retired as Chief Justice of the Orissa

High Court, as Special Officer in whose presence

the list could be settled. However, since Justice

Mohta expressed his desire to be relieved of the

responsibility, by our order dated 24th February,

2011, while relieving Justice V.A. Mohta, we JUDGMENT appointed Mr. Justice S.K. Chattopadhyay, a retired

Judge of the Patna High Court in his place, to take

up and complete the finalization of the seniority

list. After much debate, the list submitted by

Justice Chattopadhyay was accepted and in terms of

the recommendations made, 34,540 candidates were

appointed in different primary schools in the State

of Bihar.

7. The matter did not end there. On account

of the fact that some of the candidates, who had

not appeared before Justice Chattopadhyay, came up

with fresh applications in support of their cases

and urged that there were various omissions from

the final select list, we decided to entertain the

said applications, particularly, on account of the

directions, which we had given, in our judgment and

order dated 13th October, 2011, that no court would

entertain any objection or applications with regard

to the list of candidates, who had already been

appointed, in terms of our earlier order.

8. During the hearing of these applications,

JUDGMENTspecial leave petitions and writ petitions, what

emerged is that most of the applicants were

aggrieved by some defect or the other in the

preparation of the select list, which occurred on

account of the failure of the candidates to give

their relevant particulars to Justice

Chattopadhyay.

9. Be that as it may, in the event, some

discrepancies had crept in the final select list,

the individual grievances contained various

anomalies, which it is difficult for us to unravel.

Accordingly, we modify our order dated 13th October,

2011, and allow the applicants to approach the High

Court for redressal of their grievances. We also

direct that the applications, special leave

petitions and writ petitions filed before us be

treated as withdrawn, with liberty to the parties

to approach the High Court individually or

otherwise, for relief, if any, but without, in any

way, affecting the appointments of those teachers

who have already been appointed against the vacant

34,540 posts and are working. We have been

informed during the hearing that about 2413 posts JUDGMENT out of the 34,540 posts were still left to be

filled up. All the applications, Special Leave

Petitions and Writ Petitions are, therefore,

disposed of in the light of the aforesaid

observations. We make it clear that none of the

persons appointed out of the 34,540 vacancies

should be disturbed in any way, but the question of

filling up the balance vacancies may be taken into

consideration, while disposing of the applications

in question.

(VIKRAMAJIT SEN) New Delhi Dated: July 18,2013.