Kedar Giri and ors. Vs. State of Bihar and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/658844
SubjectService
CourtSupreme Court of India
Decided OnSep-30-1986
Case NumberSpecial Leave Petition (Civil) Nos. 4746-50, 12061-70 of 1986
Judge P.N. Bhagwati, C.J; R.S. Pathak,; Sabyasachi Mukharji; V. Khalid, JJ.
Reported in1986Supp(1)SCC573
AppellantKedar Giri and ors.;diwakar Tiwari and ors.
RespondentState of Bihar and anr.;state of Bihar and ors.
Excerpt:
- [ p.n. bhagwati, c.j; r.s. pathak,; sabyasachi mukharji; v. khalid, jj.] -- service law — reinstatement until selection in accordance with rules is made ordered — persons so reinstated entitled to appear at selection — age relaxation for them recommended -- after hearing learned counsel for the parties we direct that the petitioners may be put back in the post of teachers as were occupied by them in government basic schools until proper selection in accordance with the rule is made afresh. it will be open to the petitioners to appear at such selection.p.n. bhagwati, c.j; r.s. pathak,; sabyasachi mukharji; v. khalid, jj.1. after hearing learned counsel for the parties we direct that the petitioners may be put back in the post of teachers as were occupied by them in government basic schools until proper selection in accordance with the rule is made afresh. it will be open to the petitioners to appear at such selection. we may observe that the selection committee may take into account the experience already gained by the petitioners in the posts held by them in the past and consider the relaxation of age limits in their case where such age limit is exceeded as laid down by the rules. it will be open to the state government to proceed to take up the selection of such teachers as expeditiously as possible. the petitioners shall be taken back in service on the date they present themselves before the district superintendent of education. the special leave petition is disposed of accordingly.
Judgment:

P.N. Bhagwati, C.J; R.S. Pathak,; Sabyasachi Mukharji; V. Khalid, JJ.

1. After hearing learned counsel for the parties we direct that the petitioners may be put back in the post of teachers as were occupied by them in Government Basic Schools until proper selection in accordance with the rule is made afresh. It will be open to the petitioners to appear at such selection. We may observe that the Selection Committee may take into account the experience already gained by the petitioners in the posts held by them in the past and consider the relaxation of age limits in their case where such age limit is exceeded as laid down by the rules. It will be open to the State Government to proceed to take up the selection of such teachers as expeditiously as possible. The petitioners shall be taken back in service on the date they present themselves before the District Superintendent of Education. The special leave petition is disposed of accordingly.