BRIJESH KUMAR YADAV Vs. SECRETARY BASIC SHIKSHA PARISHAD

JUDGEMENT

(1.) This writ petition and several connected writ petitions have been filed for quashing the impugned orders dated 26-8-1996 and 31 -8-1996 Annexures 1 and 2 to the petition and for a mandamus restraining the respondents from interfering in the functioning of the petitioners on their post.

(2.) I have heard Lri R. N. Singh for the petitioner in this case and also Sri Ashok Khare and other counsels in the connected cases for the petitioners as well as Sri S. G. Hasnain for the respondents.

(3.) It has been alleged in paragraphs 2 and 4 of the petition that several posts of primary Teachers were advertised by the District Basic Education Officer on 22-7-1995 and 9-10-1995 vide Annexures 1 and 2 to the petition. In pursuance of the first advertisement several candidates including the petitioners applied and were called for interview. The second advertisement was published to enable the B.T.C. correspondence course candidates to apply. Those who applied in pursuance of the first advertisement were interviewed on 5th, 6th and 7th October, 1995 whereas the persons who applied in pursuance of the second advertisement were interviewed on 31-10-1995. On the. basis of these interviews a combined merit list was prepared by the Department for making appointments. Initially a list of 105 candidates was declared by the Department followed by another fist of 454 candidates including the petitioners. These selected candidates were issued appointment letters. True copies of some of these appointment letters are Annexures 3 to 13 to the writ petition. In these letters of appointment ft is stated that these appointments are of temporary nature and can be cancelled at any time. In pursuance of these appointment orders the petitioners joined their duties on various dates in February, 1996. However, by the impugned order dated 31-8-1996 the services of the petitioners were terminated by the District Basic Education Officer vide Annexure 14 to the petition. Similar termination orders have been passed in cases of other petitioners. These orders were passed in pursuance of the order dated 26-8-1996 passed by the respondent No. 1. True copy of the order dated 26-8-1996 is Annexure 15 to the writ petition.