VIJAY PAL SINGH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution of India. The petitioners are four teachers. They are M. Sc. in Physics. All of them got themselves registered with Employment Exchange. A number of P.G.T. (Post Graduate Teachers) Posts fell vacant in 1969 in the subject of Physics. The Delhi Administration and the Director of Education, respondents I and 2, required the Employment Exchange to sent them names of suitable candidates for appointment to P.G.T. Posts. The Employment Exchange sponsored the names of 204 candidates in answer to this request. But only 100 candidates turned up. Their degrees and diplomas were scrutinised. 55 candidates out of these 100 were called for interview. Only 50 appeared. They were interviewed and their merit was assessed with reference to the percentage of marks secured by them in different examinations. The Staff Selection Board, after interviewing them, prepared a panel of 1969-70. In this panel the names of 12 candidates who had secured the highest marks were put in the order of merit. One Scheduled caste candidate was put at No. 13. The life of this panel, it was expressly said, shall remain in force upto 21-7-1970.

(2.) The names of these four petitioners did not appear in this panel. Therefore, these persons did not get any regular appointment on the basis of that panel. But there were some adhoc vacancies in the department in the subject of physics. During November 1969 and December 1969 these four petitioners were appointed in the P.G.T. Grade on adhoc basis for three months and later on their appointments were extended till such time as the vacancies were filled on a regular basis. Their appointments, however, were continued till 6-7-1970. On 6-7-1970, an order was issued by the Director of Education that the services of these adhoc teachers, namely, the petitioners are terminated with immediate effect. So these petitioners' appointment as P.G.T. teachers came to an end.

(3.) After termination of their services what happened was this. During the period of July 6,1970 to 8th December 1970, these petitioners Were reappointed to a lower post, name as Trained Graduate Teachers (TGT). The order of appointment said :