Kishore Ojha Vs. Madan Mohan Jha  Insc 301 (19 March 2007)
Dr. AR. LAKSHMANAN & ALTAMAS KABIR
CONTEMPT PETITION NO.207 OF 2006 IN SPECIAL LEAVE PETITION(C)NO.22882 OF
2004 Dr. AR. Lakshmanan, J.
Heard Mr. L.N. Rao, learned Senior Counsel for the petitioner and Mr.
Kailash Vasdev, learned Senior Counsel for the respondent.
The State of Bihar by its affidavit dated 18.1.2006 filed in this Court has
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 recruitment 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.
7. That it is respectfully submitted that since the number of available
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 Patna High Court in this regard may be modified."
According to the learned Senior Counsel for the petitioner, the said
undertaking and in particular para 7 of the said undertaking have not been
given effect to by the State of Bihar.
An Affidavit in reply dated 7.2.2007 on behalf of the sole contemnor (for
State of Bihar) has been filed explaining the change of circumstances.
Paragraphs 8 to 14 of the said affidavit read thus:
8. That it is respectfully submitted that the State of Bihar has a total of
about 196 lakh of children in the age group of 6-14 years. The State is aware
of its constitutional duty of providing free and compulsory education to
children in this age group, as postulated in Article 21A of the Constitution.
By taking into account 24 lakh children studying in private schools, the State
requires a total of 4.30 lakh teachers to teach remaining 172 lakh children in
the ratio of 1:40, fixed as the norm under the National Policy on Education.
Presently it has had only 1.10 lakh teachers on regular basis and about 1 lakh
contract teachers (contract for 11 months) on a salary of Rs.1500/- per month
9. That in compliance of the assurance given to the Hon'ble Patna High Court
by the State Government and also as a part of the plan to restructure the
entire school education in the State of Bihar, the government has taken a
series of measures as detailed below:
a) Opening of 15,000 new schools b) Developing an integrated plan for school
construction c) Revitalizing teacher- training institutions d) Revamping the
mid-day meal scheme etc.
10. That it is respectfully stated that with regard to the recruitment and
deployment of teachers, the State has taken several major policy decisions as
a) Abolish the system of contract teachers b) Confirm around one lakh
contract teachers with reasonable salaries and train them under the NCTE
approved training programme c) Provide conducive service conditions for the
In pragraph 17 of the said affidavit in reply dated 7.2.2007, it is stated
that priority has been given to trained teachers in appointment and only if
trained teachers are not available in sufficient numbers, the case of untrained
teachers are considered by the concerned by the Panchayati Raj Institute (PRI)
to achieve the constitutional goal of free and compulsory education for
children from age 6-14, and in this regard the State of Bihar and other
answering respondents are complying with the orders of the High Court and also
of this Court. A rejoinder has also been filed by the petitioner disputing the
statements made by the State of Bihar in the affidavit dated 7.2.2007.
In view of the categorical statement now made that the priority will be
given to the trained teachers in appointment and also the clarification made in
paragraphs 19 to 22 of aforesaid affidavit dated 7.2.2007, we direct the State
of Bihar to implement the undertaking given by the State of Bihar earlier and
also now by the present affidavit dated 7.2.2007 in letter and spirit by
appointing the trained teachers on priority basis.
The Contempt Petition is disposed of accordingly.