Judgment S. B. Sinha, I. P. Singh, JJ. 1. -the petitioner in this application has prayed for issuance of an appropriate writ commanding upon the respondents to regularise her services. 2. The petitioner is an Assistant Teacher in the Government Basis school, Belwa, in the district of West Champaran. She was appointed as an Assistant Teacher on 31.12.1983. By order dated 22.1.1985, the services of the petitioner were terminated As against the said order of termination she filed a writ petition in this Court which was also dismissed Several special Leave petitions were filed before the Supreme Court of India by several similarly situated persons wherein it was directed that the posts of assistant Teachers were again re-advertised Pursuant thereto, the petitioner applied wherein her name was included in the panel. It is stated thereafter on the recommendation of the Divisional Establishment Committee, the petitioner was appointed as Assistant Teacher by order dated 24.2.1990 (Annexure-3 ). In the said list, the name of the petitioner is said to have been mentioned as Malti Kumari Sharma. It is stated the despite the same, the petitioner is not being paid her salary. 3. According to the petitioner, she passed Madhyama examination from Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, and passed two years Primary Teachers Training Course. A similar writ application has been filed by other person being numbered as C. W. J. C. No.9101 of 1991. 4. Counter-affidavit has been filed on behalf of the respondent No.4 wherein it has been contended that the petitioner bad managed to obtain false appointment letters An enquiry was made in this regard whereafter her services were terminated. It is stated that the petitioners name does not appear in the panel nor any decision was taken in the meeting held on 15.5.1990. 5. A counter-affidavit has also been filed on behalf of the Director (Administration)-cum-Deputy Secretary, who has stated that one Diwakar pathak was posted at the Headquarters but he never made himself available at Headquarter and remained absence without any information. His Headquarters was fixed In the department of Human Resources against which he filed a writ petition being C. W. J. C. No 1532 of 1993 in which this court stayed the operation of the said order but by order dated 21.5.1993 it was directed that Headquarters of Dr. Pathak will remain at Patna secretariat in the department of Human Resources.
Pathak will remain at Patna secretariat in the department of Human Resources. Despite the same he did not join the Headquarters. No notice could be served upon Dr. Pathak as he did not leave his present residenctial address. The petitioner has filed an application for amendment of the writ application wherein it has been prayed that appointment letter be directed to be issued to her In terms of the directions of the Supreme Court of India. 6. It appears from the records that on 17 8 1988 respondent No 4 sent the panel for approval to respondent No.2 but no such approval has yet been granted. In the meantime, offers of appointment of the retrenched teachers were issued. It is stated that the teachers were asked to work without salary and it was directed that their salary will be paid after obtaining approval thereof from the Headquarters. 7. Mr. Tiwary, learned counsel appearing on behalf of the petitioner has drawn our attention to the another counter affidavit filed on behalf of respondent no.6 who had supported the case of the petitioner. It has been stated that the Supreme Court categorically held that respondent no 6 is the appointing authority. It was further submitted that from a perusal of annexure-10 which is an enquiry report it would appear that untrained teachers had been appointed although the petitioner is a trained teacher and thus no illegality has been created therein. It has been stated that the petitioners name appear at serial No.1. Learned counsel further submitted that from a perusal of the minutes of the meeting of a proceeding of the Establishment Committee, it would appear that that the orders of appointment were validly issued. Learned counsel further submitted that although the counter-affidavit filed on behalf of the state, the respondent No.6, bad disputed the minutes of the meeting of the establishment Committee, the statement made by Dr. Diwakar Pathak in his counter affidavit should be accepted 8. Learned counsel appearing on behalf of the State has however, submitted that the appointment had been made by Dr Diwakar Pathak and as such he had supported the case of the petitioner. Learned counsel pointed out that from the report filed by the Director, Primary Education, it would be evident that the appointment of the petitioner was illegal.
Learned counsel appearing on behalf of the State has however, submitted that the appointment had been made by Dr Diwakar Pathak and as such he had supported the case of the petitioner. Learned counsel pointed out that from the report filed by the Director, Primary Education, it would be evident that the appointment of the petitioner was illegal. This aspect of the matter has been dealt with by us elaborately in C. W. J. C No.9101 of 1991. In that case, this Court has categorically held that all appointments made by Dr. Diwakar Pathak was absolutely illegal and without jurisdiction. It is true that the Director in his respect has, Inter alia, stated that untrained teachers have been appointed although thousands of trained teachers were available but that was only one of the instances mentioned in the said report for the purpose of pointing out the nature and extent of illegality committed by Dr. Diwakar Pathak. We are surprised, as to how the matter had not received serious attention of the State of Bihar. 9. In our view, the case of the petitioner is covered by the decision of this Court in C. W. J C. No.9101 of 1991. It is. therefore, directed that this case is also governed by the decision of the aforementiond case. 10. This writ application is dismissed accordingly, but in the circumstances of the case, we shall make no order as to costs. Petition Dismissed.