KENDRIYA VIDYALAYA SANGATHAN Vs. L V SUBRAMANYESWARA

JUDGEMENT

(1.) Appellant is an autonomous body. It is a society registered under the Societies Registration Act, 1860. Government of India, Ministry of Human Resource Development, however, exercises control over it. The recruitment of teachers and other staff is governed by rules known as Appointment, Promotion, Security etc. Rules, 1971. Rules were framed by the Board of Governors of the Appellant, the relevant provisions whereof are as under:-

(2.) Teachers in terms of the said rules are appointed on All India basis. To cater the need of the students and the schools run by appellant throughout the country which are about 854 in number, the services of the regular teachers are liable to transfer all over India. Advertisements were issued by the appellant in some local newspapers inter alia for its Hyderabad Institution for primary teachers on leave vacancies. Pursuant thereto or in furtherance thereof the names of the respondents were registered with the local employment exchanges and not in the Central Employment Exchange. They had been admitted intermittently. One of the terms of the offer of appointment issued in their favour was that the same would not confer any right upon them to claim regular appointment. It was furthermore categorically stipulated that they were appointed as stop-gap arrangement for a particular period in the academic year. They were selected, however, not by a regular selection committee. Praying for the regularisation, they filed writ petitions before the Andhra Pradesh High Court. Interim orders were passed in terms whereof they continued in service. Appellant Society having been notified in terms of sub-Section (2) of Section 14 of the Administrative Tribunals Act, 1985 in terms of a notification dated 1.1.1999; all the writ petitions were transferred to the Central Administrative Tribunal.

(3.) The Tribunal dismissed the said transfer applications. Noticing that there had been no regular vacancies, it was held:-