Patna High Court today directed the state government to complete within three months the appointment process for candidates who had applied for the posts of mathematics and biology teachers in government high schools in 1988 and who have not been recruited despite a Supreme Court order in their favour.

A high court division bench of Justice Navaniti Prasad Singh and Justice Nilu Agrawal passed the order on a petition filed by one such teacher hopeful, Awadhesh Sinha, and others. In all 254 people had applied for the post of biology teachers and 207 for mathematics teachers, education department principal secretary R.K. Mahajan told the court during an earlier hearing of the case this month.

"If there was a will on the part of the state to do justice nothing stopped it," the high court said in its order. "But, unfortunately, if the will lacks, not even the court's order can force them to act. Such is the situation here."

It further said: "It is now almost over two decades, right up to the apex court, the petitioners are fighting for their appointment and succeeding at all stages, in spite of vehement opposition by the state. A situation has now come where it is virtually 'operation successful, patient dead'. The question is not who killed the patient. The question is can the court be a mute spectator seeing a patient die and especially after all successful surgeries. We are pained to note the facts and we are at a loss as to what should be done."

In 1988, the state government had issued an advertisement for teachers and assistant teachers for 12 subjects in government high schools, government-recognised schools and project schools under the control of the state government, explained the petitioner's counsel, Amit Shrivastava.

While teachers for other subjects were recruited, the government had scrapped the shortlisted candidates for biology and mathematics, citing irregularities in the selection process.

In 1995, the state issued a fresh advertisement stating that those who had already applied in 1988 need not re-apply and that they would be considered. But the 1988 applicants were not recruited on three technical grounds: Confusion over whether the 1988 policy of reservation would apply or the 1993 policy, just how many teachers would be taken in, and whether the 1988 batch would be eligible for appointment.

The applicants challenged this in court, and in 2001 the high court ordered the state to complete the appointment process. The government challenged the single bench order before a division bench, which ruled in favour of the petitioners. In 2002, the state challenged the high court order in the Supreme Court - and lost there as well.

When the candidates were still not recruited, they filed a fresh contempt petition in the high court last year in which the high court passed its order today.

Education department officials refused to comment, saying they needed to check the order first.