JUDGMENT 1. 1. In all these identical writ petitions, the grievance raised is common and the facts are not in dispute, they were, therefore, heard together and are decided by a common order. 2. It would be proper to briefly notice the facts and circumstances and the background resulting in these writ petitions. The petitioners and many others were appointed as Teachers Gr. III on temporary basis from time to time in the various Panchayat Samities in different years. The appointments were made upto the end of the academic session or till a regularly selected candidate was available and in some cases for six months, whichever was earlier. The State Government issued order on 6-4-1988 taking a policy decision that those teachers who were even appointed on temporary/adhoc basis prior to 31-12-1985 shall be confirmed and made permanent. Those teachers appointed subsequent to 31-12-85 filed the writ petitions challenging the validity of the order issued on 6-4-1988 and contended that there was no nexus between the date of 31-12-1985 and the order dated April 6, 1988. The date of 31-12-1985 was arbitrarily chosen by the State Government. Meanwhile, the selections took place and many persons were selected for Teachers Gr. Ill. While these writ petitions challenging the validity of order dated 6-4-1988 were pending, the State Government issued another order on 15-11-1988 with drawing the order dated 6.4.88. All those teachers appointed subsequent to 31.12.85 were thus allowed to remain in service. The candidates who came by selection challenged the validity of order dated 15.11.1988 as they could not seek appointment even after their regular selection. Subsequently, the respondents viz. The District Establishment Committees and the Panchayat Samities terminated the services of those teachers (petitioners) who were appointed subsequent to 31.12.1985. 3. The contention of the petitioners is that even after retaining those teacher in service who were appointed prior to 31.12.1985 and even after making the appointments of the regularly selected candidates many posts of the Teachers Gr. III are vacant or shall remain vacant. The petitioners should be appointed on those vacant posts till the regularly selected candidates are available. 4. In the course of arguments, we called for the minutes taking these decisions and find that the services of the petitioners were terminated on account of the availability of the regularly selected candidates.
III are vacant or shall remain vacant. The petitioners should be appointed on those vacant posts till the regularly selected candidates are available. 4. In the course of arguments, we called for the minutes taking these decisions and find that the services of the petitioners were terminated on account of the availability of the regularly selected candidates. It is not disputed before us by the respondents that even after making the appointments of the regularly selected candidates or retaining those teachers in service who were appointed prior to 31.12.1985, some posts will still remain vacant and available for fresh appointments. It was frankly conceded before us on behalf of the petitioners that they cannot claim any priority over the regularly selected candidates/teachers or those teachers who were appointed prior to 31.12.1985. 5. In view of these admitted facts and circumstances and the position, the only question which survives for our consideration is whether it would be fit and proper to issue directions to the respondents to adjust/accommodate/appoint petitioners on the posts lying vacant after the appointments of the regularly selected candidates which will also include those candidates, who are in the waiting/reserve lists. Article 45 of the Constitution enjoins a duty on the State to make provisions for free and compulsory education for all children. This principle can be achieved only when the State proceeds in the matter of education right earnestly. 6. Having taken all these facts into consideration, we pass the following directions in these writ petitions:- 1. The respondents shall first make the appointments of the duly selected candidates which will also include those candidates who are in the waiting/reserve lists. 2. If the vacancies still remain then the respondents will make the appointments of those petitioners who are better and higher qualified and possess better academic qualification among them and who are otherwise eligible for appointment like having the qualification of teachers training etc. 3. The respondents in making these appointments will follow the principle and policy that the services of the last appointed petitioner will be terminated first and the services of the earlier appointed petitioner will be terminated subsequent i. e. to say on the principle of last come first go" 4. The respondents will be at liberty to give preference to the lady teachers in the matter of appointment after laying down a policy in this behalf, and 5.
The respondents will be at liberty to give preference to the lady teachers in the matter of appointment after laying down a policy in this behalf, and 5. The respondents will keep the roster system in view and strictly follow it in the matter of appointment. 7. This order will cover the cases of all teachers whether appointed in the regular schools or under the Black Board schemes schools or any other scheme. They shall all be treated on equal footing. This order will also apply to those who have not approached this Court. The respondents will make a compliance of this order within one month from today. The writ petitions shall accordingly be disposed of. A cyclostyled copy of this order will be placed in all the writ petitions. No order as to costs. Petitions disposed of. *******