KISHORILAL CHARMAKAR Vs. DISTT EDUCATION OFFICER

JUDGEMENT

(1.) Leave granted in Special Leave Petition (C) No. 19775 of 1995.

(2.) The four appellants in these two appeals had applied for appointment as sub-teachers pursuant to an advertisement which was issued in the year 1985. After written test and interview, the appellants were included in the select list of candidates selected as sub-teachers. The merit list of candidates so selected which was published had -three categories. General category, scheduled Caste category and Scheduled Tribe category. The names of the appellants were shown under Scheduled Tribe category. None of the appellants, however, belong to a Scheduled Tribe. The appellants were appointed as sub-teachers in the year 1986 because they were on the select list of Scheduled Tribe candidates. They were also regularised with effect from 8/4/1987. On 29/6/1987, a show-cause notice was issued to the appellants by the respondents staling inter alia that on account of the mistake in feeding the data to the computer, their names wrongly shown in the category of Scheduled Tribe candidates whereas they did not belong to the said category. Hence they were asked to show cause why their services should not be terminated. The appellants submitted their reply. Ultimately by an order dated 8/1/1988, the services of the appellants were terminated.

(3.) Being aggrieved by this order of termination, they filed writ petitions in the High court which were transferred to the Madhya Pradesh administrative tribunal at Jabalpur. The tribunal upheld the orders of termination. It further said that if there are any vacancies in the post of sub- teacher, the District Education Officer may consider the petitioners against those posts. It further observed,