YASHWANT SINGH & ORS. versus STATE OF BIHAR & ORS.

Citation: [2013] 8 S.C.R. 111 · Decided: 18-07-2013 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Disposed off
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Judgment (excerpt)

[2013] 8 S.C.R. 111 
YASHWANT SINGH & ORS. 
V. 
STATE OF BIHAR & ORS. 
(Special Leave Petition (Civil) No. 26824 of 2012) 
JULY 18, 2013 
[ALTAMAS KABIR, CJI, ANIL R. DAVE AND 
VIKRAMAJIT SEN, JJ.] 
A 
B 
Service Law - Appointment - Of primary teachers - SLPs 
filed by trained teachers for direction upon the State of Bihar C 
to appoint them in the vacancies of primary teachers in the 
State of Bihar - SLPs withdrawn on an undertaking given on 
behalf of the State of Bihar - State of Bihar failed to abide by 
its commitments -Contempt Petition filed - Same disposed 
of with direction upon the State of Bihar to implement the D 
undertaking given earlier - Further default on part of the State 
of Bihar - Another Contempt Petition - Applications made in 
the Contempt Petition by trained teachers similarly situated, 
for being impleaded as parties - Orders passed by Supreme 
Court directing that trained teachers be appointed against the 
E 
available vacancies - Dispute in regard to the list of eligible 
candidates - Retired High Court Judge appointed by 
Supreme Court as Special Officer in whose presence the list 
could be settled - List submitted by him accepted and in terms 
of the recommendations made, 34, 540 candidates appointed 
F 
in different primary schools in the State of Bihar - However, 
some candidates, who had not appeared before said retired 
High Court Judge, came up with fresh applications in support 
of their cases - Most of the applicants were aggrieved by 
some defect or the other in the preparation of the select list -
G 
Applications, SLPs and writ petitions filed before Supreme 
Court directed to be treated as withdrawn, with liberty to the 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 
111 
H 
112 
SUPREME COURT REPORTS 
[2013) 8 S.C.R. 
A 
appointments of those teachers who have .already been 
appointed against the vacant 34, 540 posts and are working -
Bihar Education Code - Chapters 6 and 7 - Bihar Elementary 
Teachers Appointment Rules, 2003. 
B 
CIVIL APPELLATt: JURISDICTION : Special Leave 
Petition No. 26824 of 2012. 
c 
From the Judgment and Order dated 14.05.2012 of the 
High Court of Judicature at Patna in CWJC No. 8551 of 2012. 
WITH 
I.A.Nos. 668, 669, 671, 674, 675, 676, 677, 679, 680, 681, 
Dy. Nos. 96650,102358, 102908, 107866/2011, 1117, 1251, 
3372,3363,4307,4775, 5820,4785,5802, 7277,8002, 7861, 
7860, 8223, 8232, 8025, 8709, 9296, 9291, 9610, 9582, 
D 
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, Contempt Petition (C) No.87 of 
E 
2013 in Contempt Petition (C) No. 297 of 2007 in SLP (C) 
No.22882 of2004, W.P. (C) No. 49 of2013, SLP (C) No. 5946 
of 2013, W.P. (C) No. 344 of 2012. 
U.U. Lalit, L.N. Rao, P.H. Parekh, R.P. Bhatt, L. 
Nageshwara Rao, S.B. Sanyal, S.R. Singh, Nagendra Rai, 
F 
Neeraj Kumar Jain, Santosh Kumar, Madhurendra Sharma (for 
Mushtaq Ahmad), Santosh Kumar (for Mushtaq Ahmad), 
Venkita Subramoniam T.R., Mushtaq Ahmad, Kumud Lata Das, 
Vishal Prasad, P.N. Puri, Nischal Kumar Neeraj, Jitendra 
Kumar, Sanjeev Kumar, C.P. Yadav, Syed Md. Rafi, 
G 
Rameshwar Prasad Goyal, Subhro Sanyal, Shawana Arora, 
Rakesh U. Upadhyay, Ranjit B. Raut, Neeraj Shekhar, Shirish 
K. Deshande, Dinesh Kumar Tiwary, N.N. Jha, Chandan Kumar, 
V.S. Mishra, Raghvendra Tiwary, Santosh Kumar Tripathi, 
Mukesh Verma, Pawan Kumar Shukla,, Yashpal Dhingra, S. 
H 
Chandrashekhar, D.K. Thakj/r, Devendra Jha, Debasis Misra, 
YASHWANT SINGH & ORS. v. STATE OF BIHAR & 113 
ORS. 
Manu Shanker Mishra, Anshuman Upadhyay, R.D. Upadhyay, 
Amit Kumar, Atul Kumar, Ashish Kumar, Rekha Bakshi, Avijit 
Mani Tripathi, Rituraj, Nirnimesh Dube, lftekhar Ahmad, M. 
Qamaruddin, Ambar Qamaruddin, Abhishek, M. Qamaruddin, 
M.M, Singh, D.K. Sinha, Dharmedra Kishor, Binay K. Jha, 
Bipin K. Jha, Anilendra Pandey, V. Sushant Gupta, Dr. Kailash 
Chand, Prabhash Kumar Yadav, Pushpa Mishra, Vijay Pratap 
Yadav, Bankey Bihari Sharma, Braj Kishore Mishra, Aparna 
Jha, Siddhartha Arya, Sanjay Jain, Shantanu Sagar, Smarhar 
Singh, Abhishek K. Singh, Gopi Raman, Ram Shankar Das, 
Chandra Prakash, Dr. S.K. Verma, Aftab Ali Khan, Nitin Kumar 
C 
Thakur, Rajesh Kumar Bachchan, B.K. Choudhary, 
Ravishankar Kumar, Arun Kumar, E.C. Vidyasagar, Prem 
Prak
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