JUDGMENT - DAUD S.M., J.:---The seven petitions being disposed of by this judgment are petitions by rivals seeking appointment/confirmation of appointment as teachers to man the Primary and High Schools run by the Nagpur Municipal Corporation. 2. The Municipal Administrator on 26-4-1985 prepared three select lists of primary teachers to work in schools run by the Corporation in the Hindi, Marathi and Urdu mediums. The elected body assumed office in May 1985 and possibly the very first act of the Mayor was to direct the Commissioner to stay the operation of the select lists prepared by the Municipal Administrator. The Mayor's direction was ratified by the elected body under a resolution dated 17-9-1985. The select lists prepared by the Administrator were cancelled and a decision taken to prepare a fresh list. A body describing itself as the Citizens' Action Committee and certain others questioned this decision by means of Writ Petition No. 1537/86. On 9-9-1986 the petition came up for a preliminary hearing before a Division Bench of this Court. One of the interim reliefs claimed in the petition was to stay the contemplated selection process for the preparation of a fresh list in pursuance of the Corporation's resolution dated 17-9-1985. The Bench ruled :- "What interim order is the question? Now select list is not yet prepared. It would not be in the public interest to allow posts to remain vacant. Under the circumstances in our judgment the proper interim order will be to stay the effect of resolution of the Corporation dated 17-9-1985 by which the earlier select list has been cancelled and the new selection process has commenced." Despite this order, the Mayor on 31-12-1986 presented a list of 262 persons which persons according to the representations made by the Mayor had been duly selected to man the posts of teachers in Primary and High Schools run by the Corporation. This is said to have been done on the last day of the said Mayor's term. On 4-11-1986, Writ Petition No. 1537/86 came to be disposed of as infructuous. This was upon an application by the Corporation. On 29-1-1988, the Government of Maharashtra notified the dissolution of the elected body as from 31-1-1988. The selection list dated 31-12-1986 was not being operated and this led to the filing of Writ Petitions Nos. 2779 and 2879 of 1988. This was upon an application by the Corporation. On 29-1-1988, the Government of Maharashtra notified the dissolution of the elected body as from 31-1-1988. The selection list dated 31-12-1986 was not being operated and this led to the filing of Writ Petitions Nos. 2779 and 2879 of 1988. The petitioners in these two petitions contended that they had been validly chosen to man the posts of teachers in primary schools and there was no reason for staying the operation of the said list. The petitioners sought a direction from the Court to the Corporation to make appointments in accordance with the list of 31-12-1986. The Administrator put in returns pleading that the list of 31-12-1986 was an invalid list as it was prepared in violation of the order passed on 9-9-1986 in Writ Petition No. 1537/86. Other grounds advanced by the Administrator were that the list had become stale and that there was a Contempt Petition by some claimants on the ground that he had violated the order dated 9-9-1986. The petitioners in the 1988 petitions were joined by others figuring in the list of 31-12-1986, i.e. the petitioners in Writ Petition No. 3409/89. These petitioners i.e. the petitioners of 1989 petitions, were persons in the list of 31-12-1986 chosen to be appointed as teachers in High Schools run by the Corporation. No interim relief was granted to the petitioners in the 1988 and 1989 petitions. 3. In Writ Petition No. 1537/86 the Corporation filed Civil Application No. 124/88 to permit it to make appointments from the list prepared on 31-12-1986. The order passed on 18-2-1988 in the Civil Application reads as follows:- "It is apparent that there is an urgency for making appointments of teachers. At present the Corporation is administered by the Administrator. He is permitted to make the necessary appointments in the manner he thinks proper. Needless to mention that if there is sufficient time public notice may be issued. The prayer of the petitioners in Writ Petition No. 5487 will also be considered by him." The Administrator in pursuance of the above order issued an advertisement and invited applications from qualified persons. A large number of persons applied for the posts and the drawing of final list of the selectees was left to a Selection Committee (S.C.) consisting of eight persons including M/s. B.C. Fating, P.D. Jivtode and H.S. Bomble, all being officers of the Corporation. A large number of persons applied for the posts and the drawing of final list of the selectees was left to a Selection Committee (S.C.) consisting of eight persons including M/s. B.C. Fating, P.D. Jivtode and H.S. Bomble, all being officers of the Corporation. These people drew up a select list of 375 persons distributing them into schools thus : 200 posts for the Marathi medium, 100 posts for the Hindi medium and 75 posts for the Urdu medium. There was a hue and cry about the select list drawn up by this Selection Committee. The selected candidates who are petitioners in Writ Petition No. 3400/89 and the three petitions of 1990, maintain that the list was genuine and valid and that they were not the beneficiaries of any malpractice. This was not acceptable to the selectees figuring in the list drawn up on 31-12-1986. The Corporation with a view to get ascertained the true position ordered an enquiry at the hands of one T.J. Purohit. The said Purohit submitted reports and one such report dated 31-3-1986 has been placed before us. At para 26 of the said report appears the following :- "That it seems to have been first decided as to which of the candidates should be provided in selection list and accordingly the concerned reports were manipulated with this end in view. It is so clear that each one of the selectors viz. Shri Jivtode, Fating and Bomble were actively interested and have so participated in tabulation work knowing full well the fact that incorrect and false records were being fabricated. On the contrary the lists of selected candidates which were based on manipulated records were prepared, presented and were got approved by the Hon'ble Administrator without posting him with the information of the position of the records........ It seems as if it was almost a personal and private matter amongst these three officers viz. Fating, Jivtode and Bomble and they took full advantage of the situation with a view to favour some candidates of their choice for reasons best known to them.......... It seems as if it was almost a personal and private matter amongst these three officers viz. Fating, Jivtode and Bomble and they took full advantage of the situation with a view to favour some candidates of their choice for reasons best known to them.......... The cumulative efforts on the part of these three officers assisted by three teachers has ultimately resulted in the preparation of false records and the improper lists of the selected candidates which has brought the City Administration of Nagpur in disrepute." Some of the selectees from the 1988 list numbering 141 were permitted to be appointed temporarily. Their appointments were continued in pursuance of the interim order passed by this Court and the 141 lucky ones are the petitioners in Writ Petition Nos. 3400/89, 619/90 and 636/90. The remaining petition of 1990 covers the cases of those not presently functioning, but figuring in the list of 375 persons prepared in 1988. 4. We shall first take up the claims of the petitioners figuring in the list of 31-12-1986. The submission is that the persons figuring in this list had been properly selected and that there was no malpractice vitiating their selection. The reply given is that quite apart from the question of malpractices, the list was prepared in violation of the order of this Court dated 9-9-1986 in Writ Petition No. 1537/86. The contention has to be sustained, for the order dated 9-9-1986 not only stayed the operation of the resolution dated 17-9-1985, but also interdicted the new selection process. As said earlier, the elected body assumed office in May 1985 and on 24-6-1985 the Mayor directed the Commissioner to stay the operation of the list prepared by the Municipal Administrator on 26-4-1985. The elected body ratified the decision of Mayor by a resolution dated 17-9-1985. The select lists prepared on 26-4-1985 were cancelled and a decision taken to prepare a fresh list. The effect of the order dated 9-9-1986 of the Court was to continue the operativeness of the list prepared by the Administrator on 26-4-1985. The Corporation's resolution of 17-9-1985 was fully stayed and the cancellation of the list dated 26-4-1985 also stood rescinded. Consequently, the Corporation was prohibited from doing anything towards the preparation of a fresh list to replace the list drawn on 26-4-1985. The Corporation's resolution of 17-9-1985 was fully stayed and the cancellation of the list dated 26-4-1985 also stood rescinded. Consequently, the Corporation was prohibited from doing anything towards the preparation of a fresh list to replace the list drawn on 26-4-1985. The list prepared on 31-12-1986 irrespective of the basis of selection, was in defiance of the order of the Court passed on 9-9-1986. If those behind the preparation of the list dated 31-12-1986 could defy the Court, there is no reason to exclude the inference that they were inspired by improper motives, not excluding corruption and favouritism. It was argued that this was not the case of anyone, and, in fact the Administrator had once come to Court seeking permission to make appointments on the basis of the list prepared on 31-12-1986. That would not wash out the defect from which the list suffers. It was conceived in violation of the order of the Court and could not attain any sanctity by a request seeking to operate it at a later stage. In any case the permission was not granted and the illegality vitiating the list drawn on 31-12-1986 survives. These persons i.e. the petitioners in the 1988 petitions and of 3409/89, cannot therefore seek regular appointments on the basis of their figuring in the list drawn up on 31-12-1986. 5. This takes us to the claims on the basis of the list prepared in 1988. We have quoted from the Purohit report and the affected persons contended that the conclusion drawn by Purohit are not exactly to their discredit, that the said conclusions cannot be used against them as they had no opportunity to show cause against the drawing of such conclusions and that the inferences drawn by Purohit are unsupported by any material. In support of these contentions, reliance is placed upon certain reported decisions to which we shall now refer. The first decision is that reported in the case of (H.C. Puttaswamy and others v. The Hon'ble Chief Justice of Karnataka High Court)1, A.I.R. 1991 S.C. 295. In that case the question was about the fate of persons admittedly appointed in contravention of Rules. The plea to regularise was stated in the judgment in these words : "Mr. The first decision is that reported in the case of (H.C. Puttaswamy and others v. The Hon'ble Chief Justice of Karnataka High Court)1, A.I.R. 1991 S.C. 295. In that case the question was about the fate of persons admittedly appointed in contravention of Rules. The plea to regularise was stated in the judgment in these words : "Mr. Gopala Subramanayam, Counsel for the appellants while highlighting the human problems involved in the case pleaded for a sympathetic approach and made an impassioned appeal for allowing the appellants to continue in their respective posts. He has also referred to us several decisions of this Court where equitable directions were issued in the interest of justice even though the selection and appointments of candidates were held to be illegal and unsupportable." The Supreme Court sustained the appeal in the following words :- "The human problem stands at the outset in these cases and it is that problem that motivated us in allowing the review petitions. It may be recalled that the appellants are in service for the past 10 years. They are either graduates or double graduates or post-graduates as against the minimum qualification of S.S.L.C. required for Second Division Clerks in which cadre they were originally recruited. Some of them seen to have earned higher qualification by hard work during their service. Some of them in the normal course have been promoted to higher cadre. They are now overaged for entry into any other service. It seems that most of them cannot get the benefit of age relaxation under Rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977. One could only imagine their untold miseries and of their family if they are left at the midstream. Indeed, it would be an act of cruelty at this stage to ask them to appear for a written test and viva voce to be conducted by the Public Service Commission for fresh selection." The position in the instant petitions is very different. The selection list was prepared less than three years ago i.e. in November 1988. 141 persons were given appointments and were permitted to continue under orders of this Court as an interim measure. They knew that their selection was the subject of a great deal of suspicion and controversy. The equities are not in favour of these persons. The selection list was prepared less than three years ago i.e. in November 1988. 141 persons were given appointments and were permitted to continue under orders of this Court as an interim measure. They knew that their selection was the subject of a great deal of suspicion and controversy. The equities are not in favour of these persons. We were then referred to the case of (Shrawan Kumar Jha and others v. State of Bihar)2, A.I.R. 1991 S.C. 390. The case is relied upon in support of the contention that the 141 persons officiating as teachers have not been given an opportunity to show cause against the Purohit report or even the fact that the Purohit report absolves them. In the case relied upon, the contention was that the District Superintendent of Education had made certain appointments without having the authority to do so and that this was a device to by-pass the requirements of reservations. It was in this situation that the Court ruled :- "In the facts and circumstances of the case, we are of the view that the appellants should have been given an opportunity of hearing before cancelling their appointments. Admittedly, no such opportunity was afforded to them. It is well settled that no order to the detriment of the appellants could be passed without complying with the rules of natural justice....... We direct that the Secretary (Education), Government of Bihar, or any other person nominated by him, should be given an opportunity of hearing to the appellants and thereafter give a finding as to whether the appellants were validity appointed as teachers." Be it noted that the impugned appointments were not alleged to be the result of corruption, favouritism or nepotism. The limited question there was the legality of the order passed by the District Superintendent of Education. In the cases before us, the question is very different. Reliance was then placed upon the case of (Ku. Shrilekha Vidyarthi v. State U.P. and others)3, A.I.R. 1991 S.C. 537 and the passage relied upon reads as follows :-- "Non-application of mind to individual cases before issuing a general circular terminating all such appointments throughout the State of U.P. is itself eloquent of the arbitrariness writ large on the face of the circular. Shrilekha Vidyarthi v. State U.P. and others)3, A.I.R. 1991 S.C. 537 and the passage relied upon reads as follows :-- "Non-application of mind to individual cases before issuing a general circular terminating all such appointments throughout the State of U.P. is itself eloquent of the arbitrariness writ large on the face of the circular. It is obvious that issuance of the impugned circular was not governed by any rule but by the whim or fancy of someone totally unaware of the requirements of rule of law." Our attention was invited to this passage, when we in the course of the hearing, expressed the view that the lists prepared in 1986 and also in 1988 were so tarnished that neither could be given effect to. The passage relied upon is by those who assert that they had exceptional qualifications and that they were not the beneficiaries of the malpractices carried out by M/s. Fating, Jivtode and Bomble. Reading the report submitted by Mr. Purohit it is difficult to know who the honest ones from the 375 persons were. There had been large scale tampering of the screening papers. No only was there overwriting in some papers, but what was more significant, there had been pilfering of originals and their substitution by other papers. Jivtode who had been examined by Purohit had virtually given an admission that he was privy to the dirty work ordered by Fating. Where there have been malpractices on such a large scale, it is difficult to know who deserved the selection on merits and who came in as a result of the misconduct of certain members of the selection committee. The rules of natural justice have a certain limitation. It is not in every situation that the affected person is required to be heard. The manipulation in the list of 375 persons was on so a large scale that it would be impossible to grant each selected candidate a hearing before taking a decision to retain or cancel his/her name. Mr. Purohit has considered the various defects in the selection. He has referred to the method adopted for the scrutiny and pinpointed the irregularities that came to light. The irregularities were mis-classification of the candidates, interviewing candidates not eligible for interviews, tampering with the marks in individual sheets, manipulation of marks during tabulation and substitution of sheets showing internal marks. Mr. Purohit has considered the various defects in the selection. He has referred to the method adopted for the scrutiny and pinpointed the irregularities that came to light. The irregularities were mis-classification of the candidates, interviewing candidates not eligible for interviews, tampering with the marks in individual sheets, manipulation of marks during tabulation and substitution of sheets showing internal marks. If so many vitiating factors exist, it would be impermissible to grant the benefit of doubt to any one figuring in the list of 375 persons. We, therefore, negative the challenge to the invalidity of the list containing 375 names prepared in 1988. 6. Having come to the conclusion that both the lists have to be scrapped, the question now is as to what should be done? The Corporation came forward with a humanitarian view resolution on 27-2-1991 validating both the lists and permitting appointments there from by removing the age qualification. Having regards to the nature of the defects in the lists, we cannot follow this example. 7. The legality and propriety of appointments as teachers in municipal schools comes within the ambit of judicial scrutiny. If any illegality or impurity affects the selection, those selected cannot have the right to insist on their entilement to an appointment. Yet the practical side of the problem should not be overlooked. 141 out of the selectees in the 1988 list are continuing in primary schools. This does not take care of all the vacancies in such schools. Judicial notice has to be taken of the oweful inadequacies of municipal schools. The teacher-taught ratio is never maintained whatever the yardstick employed. Several divisions if not classes in municipal schools have to go without teachers. The school inspection staff is grossly inadequate and whatever staff there be is stretched to the farthest limits. The founding fathers ideal enshrined in Article 45 of the Constitution remains a dream even in the urban areas of the country though the outer limit of 10 years mentioned in the Article was crossed 30 years ago. The increase in population has outstripped all that could be provided in the facility of education by the State. The weaker sections of the people have no alternative but to seek the portals of municipal schools to provide what little they can in the shape of education to their children. The increase in population has outstripped all that could be provided in the facility of education by the State. The weaker sections of the people have no alternative but to seek the portals of municipal schools to provide what little they can in the shape of education to their children. At the bar we are told that the ouster of 141 appointees taken together with other expected vacancies will result in 190 vacancies in primary schools. This apart, 60 to 65 vacancies exist in the high schools. 8. Having set out the dimensions of the promeb, we have now to evolve a solution. The solution will have to meet the short term as also the long term needs. Having seen what happens when the matter is left to the elective and non-elective components of the corporation, we think it imperative to exclude then from the process of selection. Those figuring in the 1986 and 1988 lists have a stigma against them in the sense of suspicion. But this suspicion is not so strong as to deny them certain concessions. Admittedly, the majority of them had the required age and educational qualifications. These petitions filed in the last three years have remained undecided and in the meantime they are ageing. The employment situation being what it is, it would be an act of cruelty to bar the doors of public employment altogether to them. An equitable view consistent with public interest is required to be taken. The first concession they are entitled to is relaxation of the age bar in the matter of competing for and getting appointed to the posts at the provisional as also final stages. Having regard to the urgency in the matter of devising a short term solution, we restrict the area of consideration to the persons figuring in the two lists i.e. of 1986 and 1988. As to the final solution, we think it imperative to exclude the residents of Nagpur from having any part to play therein. This is no reflection on the Nagpurians, but a step taken to avoid suspicion of any nature whatsoever. 9. The provisional solution we devise is that the persons figuring in the two lists be permitted to compete for existing or soon-to-be-expected vacancies. Their claims will be assessed by a three-member independent committee consisting of Professor S.R. Nanekar, Advocate W.G. Charde and Advocate R.J. Kamble. 9. The provisional solution we devise is that the persons figuring in the two lists be permitted to compete for existing or soon-to-be-expected vacancies. Their claims will be assessed by a three-member independent committee consisting of Professor S.R. Nanekar, Advocate W.G. Charde and Advocate R.J. Kamble. These gentlemen are all retired Officers of the State the first being from the educational department and the latter two from the judicial department. This committee will commence its work as early as possible and prepare a list of 190 persons to be appointed as teachers in primary schools and a select list of 65 persons to be appointed as teachers in high schools. Appointments to be made from these two lists will be in the order of ranking given in the list prepared and the appointees will be notified that their tenure will be liable to be terminated on the availability of a person to be chosen by the final method of selection formulated by us. The members of the committee shall complete their task by 7th June, 1991 and the Corporation shall issue appointment orders so that the appointees take office as from 1-7-1991. For the provisional appointments, the persons eligible will be only those persons who figure in the lists prepared on 31-12-1986 and in 1988. The criterion for assessment shall be the criterion as laid down in the advertisement which led to the selection of 375 persons. Each of the committee members shall be paid an honorarium of Rs. 3,000/- for the work done by him. The Corporation shall provide the committee the requisite assistance in the matter of staff, premises, stationery and transport for the proper transaction of their duties. 10. As a final solution, we think it advisable to remove the selection process entirely from within the purview of the corporation. The Maharashtra Public Service Commission (M.P.S.C.) shall devise a written examination for the selection of the teachers to the expected vacant posts in Primary Schools and High Schools run by the Nagpur Municipal Corporation. The age factor will be relaxed in the case of those who figure in the lists of 1986 and 1988. The Corporation will submit their requisition to the M.P.S.C. within four weeks from today. The M.P.S.C. shall issue advertisement in dailies having circulation in the State and these dailies will be the 'Lokmat', 'Nav Bharat' and 'Hitavada' all of Nagpur. The age factor will be relaxed in the case of those who figure in the lists of 1986 and 1988. The Corporation will submit their requisition to the M.P.S.C. within four weeks from today. The M.P.S.C. shall issue advertisement in dailies having circulation in the State and these dailies will be the 'Lokmat', 'Nav Bharat' and 'Hitavada' all of Nagpur. The task for setting the question papers for the written examination shall be entrusted to competent persons not residing at Nagpur. The answer books shall also be appraised by competent persons not residing at Nagpur. Viva voce shall be attended by a committee of three persons to be designated by the M.P.S.C. who will take the interviews at Nagpur but shall not include persons residing at Nagpur. The M.P.S.C. will complete the task aforementioned within six months of the requisition sent by the Corporation-the period being extendable by this Court if the occasion so requires. The M.P.S.C. will be reimbursed for the expenses incurred by the corporation. Authenticated copies of the two lists, one prepared on 31-1-1986 and another in 1988 shall be sent by the corporation to the M.P.S.C. along with the requisition and the three men committee. 11. The 141 persons officiating from out of the list of 375 persons prepared in 1988 shall continue to officiate till the end of this moth and will be displaced thereafter. If they be entitled to the vacation pay the Corporation shall give them the same. 12. Interim and final solutions devised above made a rule of the Court. Petitions disposed thus with parties left to bear their own costs. Order accordingly. -----