LexNANO KISHORE OJHA versus ANJANI KUMAR SINGH
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[2010] 6 S.C.R. 161 NANO KISHORE OJHA A V. ANJANI KUMAR SINGH (Contempt Petition (C) No.297 of 2007) IN Special Leave Petition (C) No.22882 of 2004 B MAY 12, 2010 [ALTAMAS KABIR AND H.L. DATIU, JJ.] Contempt of Court: C Breach of undertaking given before Court - Orders dated 23.1.2006 and 9.12.2009 passed by Supreme Court on. the. basis of undertaking given by State of Bihar to fill up the vacancies of Primary School Teachers by appointing trained 0 teachers available in the State - Contempt petition filed alleging breach of. the undertaking - Stand of the state that Rules have been framed to give effect to the undertaking given by the State and the orders passed by Supreme Court - Held: It was never the intention of the Court that the E conditions of the advertisement itself, which had been struck down by the High Court, were to be followed by the State Government - The advertisement was referred to only for the purpose of determining the number of vacancies which would be required to be filled up from amongst the trained teachers F - It was made clear that all the 34, 450 posts were to be filled up with trained teachers who were waiting for appointment, in order of seniority - The question of keeping some of the posts vacant on account of non-availability of reserved candidates was never the criterion in the order passed by the Court on 9. 12. 2009 - What was intended was that, after the number of G candidates from the reserved category had been accommodated, the rest of the posts were to be filled up from amongst the candidates from the general category- It is once again directed that the said 34,540 posts, which have been · 161 H 162 SUPREME COURT REPORTS [2010] 6 S.C.R. A created, be filled up from amongst the trained teachers in order of seniority after providing for appointment of candidates belonging to the reserved category as a one-time measure as indicated in earlier orders as also mentioned in the additional affidavit affirmed on behalf of the State B Government - Matter adjourned for filing of compliance report - Bihar Special Elementary Teachers' Recruitment Rules, 2010 - Service Law - Appointment of Primary School Teachers. C CIVIL APPELLATE JURISDICTION : Contempt Petition (C) No. 297 of 2007. IN SLP (C) No. 22882 of 2004. D From the Judgment & Order dated 01.07.2004 of the High Court of Judicature at Patna in CWJC Nos. 13246, 6661 of 2003, 1533, 1788, 1789, 1861 & 5053 of 2004. Paramjeet Singh Patwalia, Ramesh P. Bhatt, Rakesh Uttamchandra Upadhyay, Abhijeet Kakoti, Ankur Panda, Brij E Bhusan, Sunil Kumar, Chandan Ramamurti, Dharam Bir Raj Vohra, K.N. Rai, D. Kishor, S.N. Roy, K.Kumar, Lakshmi Raman Singh, M.P. Jha, Ram Ekbal Roy, Harshvardhan Jha, Syed Ali Ahmad, Syed Tanweer Ahmed, Mohd. Shahnawaz Hasan, S.S. Bandyopadhyay, Mohan Pandey, S.K. Sabharwal, F Shree Pal Singh, M.K. Michael, Amukesh Verma, Aftab Alam, Pawan Shukla, Yash Pal Dhingra, Revathy Raghavan, Ramjee Prasad, E.C. Vidya Sagar, D.K. Thakur, D. Jha, Debasis Misra, Barun Kr. Sinha, Pratibha Sinha, B.K. Satija, Prashant Chaudhary, Subhro Sanyal, Kumud Lata Das, Ambhoj Kumar G Sinha, Shekhar Prit Jha, Abhijit Sengupta, Kanhaiya Priyadarsi, Ajay Kumar, Sanjeev Kumar, Jitender Pandey, Venkateswara Rao Anumolu, P.V. Yogeswaran, Praneet Ranjan, Shashi Bhushan Kumar, Gaurav Agrawal Jitendra Kumar, Amit Pawan, Vikash Verma, Devashish Bharuka, Santosh Kumar, Milind H Kumar, Santosh Kumar Tripathi, Arup Banerjee, Rajeev Kumar, NANO KISHORE OJHA v. ANJANI KUMAR SINGH 163 R.K. Prasad, Abhishek Atrey, Mithilesh Kumar Singh, A Dharmendra Kishor, Mohit Kumar Shah, Chandan Kumar, G.V. Rao, Ashok Kr. Upadhyay, P.N. Jha, Umesh Kumar, lmran Khan, Firasat AH, Ram Swarup Sharma for the petitioner. P.K. Shahi, Gopal Singh, Manish Kumar, L. Nageshwar 8 Rao, Santosh Kumar, Rajeev Katiyan, Sachida Nand Singh, Mushtaq Ahmad, R.K. Ranjan, Anilendra Pandey, Priya Kashyap, Dr. Kailash Chand, Prem Sunder Jha, S.K. Sinha, In-Person, Dhruv Kumar Jha, Bijan Kumar Ghosh, Shalini Chandra, Swati Chandra, Anil Ku~ar Tandale, Subramonium C Prasad, Vishwajit Singh Ratan Kumar Choudhuri, Akshay Shukla, Dinesh Kr. nwari, C.P.Yadav, Syed Md.--Rafi,_\l.S~- . Mishra, N.N. Jha, Monika Kalra, Ram Ekbal Roy, Rameshwar Prasad Goyal, T. Mahipal, Pratap Shanker, Swetank Shantanu, Aniruddha P. Mayee, M.M. Singh Dharmendra Kumar Sinha, Vishnu Sharma, Anupama Sharma, Amarjyoti Sharma, D
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