NANO KISHORE OJHA versus MADANMOHAN JHA

Citation: [2007] 4 S.C.R. 179 · Decided: 19-03-2007 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Disposed off

Judgment (excerpt)

) 
NANO KISHORE OJHA 
A 
v. 
MADANMOHAN JHA 
MARCH 19, 2007 
[DR. AR. LAKSHMANAN AND AL TAMAS KABIR, JJ.] 
B 
Contempt of Court-Plan of restructuring entire school education in 
State of Bihar-Undertaking by the State to recruit and fill in the vacant 
posts of teachers-Non-compliance of-Contempt petition-Held: In view of C 
the statement by the State that priority would be given to the trained teachers 
in appointment and also the clarifications made, petition disposed of with 
the direction to implement the undertaking. 
The government in its 'agenda for good governance' has chartered a 
policy framework for education in the State. State of B.ihar filed affidavit D 
undertaking to recruit and fill in the vacant posts of teachers in the School. 
In the meantime, it decided to recruit the trained teachers on the vacant posts 
available in the State of Bihar and that since the number of available trained 
teachers in the State were expected to be less than the available vacancies, no 
test would be· required for selection. State of Bihar did not give effect to the 
said undertaking. The petitioner then filed a contempt petition. State of Bihar E 
filed an affidavit dated 07.02.2007 in reply explaining the change of 
circumstances. It stated that priority has been given to trained teachers in 
appointment and only if trained teachers were not available in sufficient 
numbers, the case of untrained teachers would be considered by the Authority. 
Petitioner filed a rejoinder disputing the statement made by the State. 
Disposing of the Contempt petition, the Court 
HELD: In view of the categorical statement made that priority will be 
given to the trained teachers in appointment and also the clarification made 
F 
in the affidavit dated 7.2.2007, the State ofBihar is directed to implement the 
undertaking given by it earlier and also by the affidavit dated 7.2.2007, in G 
letter and spirit by appointing the trained teachers on priority basis. 
(Para SJ (182-El 
CIVIL APPELLATE JURISDICTION Contempt Petition (C) No. 207 of 
2006. 
179 
H 
180 
SUPREME COURT REPORTS 
[2007] 4 S.C.R. 
A In 
B 
Special Leave Petition (C) No. 22882 of2004. 
L.N. Rao, Santosh Kumar, M.F.A. Shuttari and Mushtaq Ahmad for the 
Petitioner. 
Kaliash Vasdev, Gopal Singh and Ankur Raj for the Respondents. 
The Judgment of the Court was delivered by 
DR. AR. LAKSHMANAN, J. I. Heard Mr. L.N. Rao, learned Senior 
C Counsel for the petitioner and Mr. Kailash Vasdev, learned Senior Counsel for 
the respondent. 
D 
E 
F 
G 
H 
2. The State of Bihar by its affidavit dated 18.1.2006 filed in this Court 
has stated thus: 
......................... 
4. 
That it is submitted that the government in its 'agenda for good 
governance' has chartered a policy framework for education in 
the State. As regards the school education, it is committed to 
recruit and fill in the vacant posts of teachers on top priority; 
reactivate teacher's training for motivational re-orientation, for 
enhancing their capability and quality of' teaching; and for 
constructing and repairing of school buildings. In addition the 
government is also setting up a Committee of Experts to suggest 
comprehensive reforms in all areas of education so as to raise its 
standard and quality. 
5. 
That in the meantime, it has been decided that trained teachers 
be recruited on the vacant posts available in the State of Bihar. 
The Bihar Elementary Teachers Appointment Rules, 2003 having 
been quashed by the Patna High Court, new r~cruitment rules are 
contemplated to facilitate recruitment of trained teachers in a 
· decentralized manner, by giving them age relaxation as ordered 
by the High Court. 
6. 
That Chapters 6 and 7 of the Bihar Education Code relating to 
oriental education and hostels and messes will be kept in mind, 
as directed by the Patna High Court, while making recruitment of 
teachers. 
, __ 
NANO KISHORE OJHA v. MADANMOHAN JHA [LAKSHMANAN, J.] 181 
7. 
That it is respectfully submitted that since the number of available A 
) 
trained teachers in the State is expected to be less than the 
available vacancies, no test for selection is required. To that 
extent, a reference to this Bihar Public Service Commission for 
initiating the process of recruitment of trained teachers may not 
be necessary, and the orders of this Hon'ble Court and of the B 
Patna High Court in this regard may be modified." 
3. According to the learned Senior Counsel for the petitioner, the said 
undertaking and 

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