JUDGMENT G. C. DE, CHAIRMAN — By this application the applicants have prayed for quashing the advertisement published by the Collector, Malkangiri for filling up of 62 MCT and 5 IA/ISC CT posts on regular basis. The ground taken is that as the Department of School and Mass Education has already issued one Resolution on 31.5.06 exercising the powers under Article 342-G of the Consti¬tution of India (inserted by Constitution 73rd Amendment Act, 1992) after partial modification of their resolution Dt. 3.10.2000 for the purpose of handing over all the functions of the Elementary Education in phased manner to the Zilla Parishad and other Panchayati Raj Institutions and accordingly different provisions are made as regards relaxation of recruitment age, regularisation of service and permanent appointment etc. So it is tried to be clarified that so long as this resolution is there, steps may not be taken for filling up of regular posts. 2. After hearing the learned Counsel for both sides and on perusal of the materials on records it appears that the present applicants in terms of the earlier advertisement were selected as Swechhasevi Sikhya Sahayakas by the SC and ST Development Depart¬ment on the basis of the selection process and on execution of the agreement, subject to finalisation of different cases pending before this Tribunal as well as before the Hon’ble High Court. Thereafter the said resolution of the School and Mass Education Department came into force. But as the advertisement was published on 4.9.07, it is tried to be argued that the Col¬lector, Malkangiri, who gave appointment to the Swechhasevi Sikhya Sahayakas, has been trying to fill up those posts on regular basis thereby giving an indication of termination of services of the applicants, inasmuch as many of them have become age-barred and also may not be eligible for consideration as the marks obtained by them 3 to 4 years ago will be much below than the marks secured by the candidates who have passed out recently. It is also submitted that unless a scope of regularisation of the services of the applicants is created, it would not be proper to fill up the regular posts after giving a threat of termination of services of the present applicants. 3. It is also submitted that unless a scope of regularisation of the services of the applicants is created, it would not be proper to fill up the regular posts after giving a threat of termination of services of the present applicants. 3. In reply the learned Counsel for the State, however, contended that the advertisement was published for regular appointment for the purpose of giving effect to the scheme en¬forced by the Central Government. It is also pointed out that unless regular appointments are made, the financial assistances given to the State Government by the Central Government will be withdrawn. Only for that purpose regular appointments are neces¬sary for which the advertisement has been published. For the purpose of accommodating the Swechhasevi Sikhya Sahayakas, provi¬sions are also kept in that advertisement regarding relaxation of their age up to five years and they have been given extra per¬centage against the total marks which can be increased upto 20% of the total marks obtained, So it is submitted that the appli¬cants are eligible to appear in the recruitment examination as per the advertisement and therefore a prayer has been made not to stop the recruitment process. 4. Admittedly the Swechhasevi Sikhya Sahayaka Scheme was introduced for enforcing the education at the base level, for which several Swechhasevi Sikhya Sahayakas were recruited for giving education to different children. But gradually it was detected that the system did not achieve full fledged result for which steps were taken both at the State Government and the Central Government for introducing further schemes for the pur¬pose of giving full effect to the Sarba Sikhya Abhijan. Actually for that purpose there was necessity of keeping certain provision in the Constitution of India for which the 73rd Amendment Act was passed and Article 243C was inserted for rendering controlling power of the elementary education to the Zilla Parishad and other Panchayati Raj institutions. Accordingly in terms of that provi¬sion, the resolution was issued by the School and Mass Education Department on 31.5.06 after partial modification of their earlier resolution dt. 3.10.2000. Accordingly in terms of that provi¬sion, the resolution was issued by the School and Mass Education Department on 31.5.06 after partial modification of their earlier resolution dt. 3.10.2000. In that resolution there is provision for select¬ing the teachers from the SSS level and therefore there are provisions for temporary appointment of Swechhasevi Sikhya Sahay¬aks on contract basis and thereafter there is a scope for ap¬pointment as Jr.Teacher on contract basis after completion of four years of service as Swechhasevi Sikhya Sahayakas and there¬after they can be appointed as regular primary school teachers on completion of five years of continuous satisfactory service under the Zilla Parishad. So this is a scheme which is under process for the purpose of giving a fresh stress on primary education. 5. It is to be noted that Swechhasevi Sikhya Sahayakas were engaged for the purpose of helping the educational system. Besides, the present applicants as is indicated had to serve in different Naxalite prone areas taking risk to their lives only for the purpose of employment. But whether they should be consid¬ered fit for appointment as regular primary school teachers were not taken into consideration while they were appointed as Swech¬hasevi Sikhya Sahayakas. There was also not a specific scheme for their regularisation or regular appointment as primary school teachers. Actually for that reason there was no regular appoint¬ment of primary school teachers on regular basis from among the Swechhasevi Sikhya Sahayakas. But by the present advertisement an attempt has been made for giving a scope to the SSS candidates for appointment as regular primary school teachers and certain provisions have been kept for relaxation of their age as well as for increasing their percentage of marks. It appears from the list of the applicants that only 14 candidates will be above the age relaxation, i.e. 37 years. Side by side there is also indica¬tion that if any of the candidates completed 2, 3 or 4 years of service as Swechhasevi Sikhya Sahayakas, they will be given extra percentage of marks of 10% or 20% respectively @ 5% per year. Side by side there is also indica¬tion that if any of the candidates completed 2, 3 or 4 years of service as Swechhasevi Sikhya Sahayakas, they will be given extra percentage of marks of 10% or 20% respectively @ 5% per year. But whether on the basis of that particular relaxation of age and percentage of marks, they can be selected for appointment or not cannot be ascertained at this stage specially when there is indication that percentage of marks that was given to the stu¬dents 4 to 5 years ago have been increased much more at the present stage. So this aspect is undoubtedly required to be considered by the authority while giving the above relaxation. That power has been given to the Collector, Malkangiri as is indicated in the advertisement that it would be open to the Collector himself to relax any of the provisions of the adver¬tisement and if necessary, he will have the power to increase the posts and even to cancel the advertisement without assigning any reason. Since all these powers have been given to the Collector, it is expected that for the purpose of consideration of candida¬ture of the present applicants, all out steps are to be taken for relaxation of the conditions embodied in the advertisement, if found necessary, so that their cases can be taken into considera¬tion by the Collector concerned in the light of the observations made hereinabove. 6. In this connection it is also to be pointed out that as no separate principle has been adopted by the State Government as regards the fate of the SSS candidature, who are found to be age barred or below the required percentage of marks, it would be open to the State Government to take a policy decision for such type of candidates. Since the present applicants have already submitted separate representations for consideration of their cases and in view of the above discussion, I deem it proper to dispose of this application with a direction upon the respondent No. 1 to treat the present application as the representation of the applicants and to dispose of the same by an appropriate decision, if necessary, in consultation with other respondents, within a period of three months from the date of communication of this order and to communicate the result within two weeks there¬after. It is clarified that till such a decision is taken, any appointment, made on the basis of the advertisement shall be subject to the result of that decision. 7. With these comments, the O.A. is disposed of. 8. The applicants are directed to serve a copy of this order along with the application on the respondent No. 1 at their own cost within three weeks from today. Office to serve copies of this order on the learned Counsel for both sides for communica¬tion to the parties. O.A. disposed of.