HARISHCHANDRA TUKARAM TURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioners, by way of the above Petition filed under Article 226 of the Constitution of India, take exception to the Government Resolution dated 21.10.2002 which inter alia provides that the posts of Shikshan Sevak remaining to be filled up be done so by issuing advertisement and inviting applications from the candidates all over the State. The Petitioners also claim a direction against the Respondents that they be directed to implement the Government Resolution dated 10.3.2000 for making appointment of primary teachers in respect of the posts within the jurisdiction of Zilla Parishad, Raigad. The Petitioners have also taken exception to the appointment of Respondent Nos. 11 to 16 on the ground that the said Respondents were not having D.Ed qualification on the cut off date i.e. on 6.8.2001 and therefore could not have been appointed. The Petitioners have made appropriate prayers in the above Petition in respect of the said reliefs.

(2.) SHORN of unnecessary details, the facts can be stated thus: The State Government has introduced a scheme for appointment of primary teachers on contract basis known as 'Shikshan Sevak Scheme' by Government Resolution dated 10.03.2000. In so far as the present Petition is concerned, clauses 12 and 13 of the said scheme are relevant. Clause 12 provides for constitution of a selection committee at the District Level comprising of the District Collector as President, the Chief Executive Officer of the concerned Zilla Parishad as Member, the District Social Welfare Officer as Member, the Project Officer (Integrated Tribal Development Project) as Member and the Education Officer (Primary) Zilla Parishad as Member Secretary. The said committee was enjoined to forward the list of all the vacancies of primary teachers to the District Employment and Self Employment Guidance Officer, Commissioner (Tribal Development), District Social Welfare Officer, Project Officer (Integrated Tribal Development Project) i.e. the four offices. It was on the basis of the list forwarded by the said offices that the said select committee was to prepare a selection list on the basis of the marks obtained by the candidates in the D.Ed. (Written Examination). It was further provided that candidates in the ratio of 1.5 times the number of the vacant posts should be called for interview and thereafter considering the merit, a select list should be prepared having 10% extra candidates. By clause 13 of the scheme the mode of inviting applications was provided for and the said clause 13 inter alia provides that the said four offices mentioned in clause 12 should be directed to submit the list of candidates enrolled with the said offices so as to enable the District Selection Committee to prepare a merit list. The said Government Resolution dated 10.3.2000 triggered off challenges before the Principal Bench of this Court as well as the Bench of this Court sitting at Aurangabad. Since the Petitioners lay much stress on the judgment dated 11.10.2002 of the Division Bench at Aurangabad in Writ Petition No.2691 of 2000 a detailed reference would be made to the said Judgment in the later part of this Judgment. It appears that in view of the challenge raised to the said Resolution dated 10.03.2000, the State Government suo moto granted stay to the said Government Resolution dated 10.03.2000. The Principal Bench of this Court in the writ petition filed before it challenging the said Government Resolution passed a detailed interim order by virtue of which the modality of working out the said scheme was laid down. Thereafter the Division Bench at Aurangabad passed an interim order dated 4.7.2001 in Writ Petition Nos.817 of 2001 and 949 of 2001 by which the Division Bench directed the State Government to forthwith fill up the 25% of vacant posts of Shikshan Sevak. It appears that the State Government issued another Government Resolution dated 9.7.2001. By the said Government Resolution the stay which was granted by the State Government on 4.10.2000 came to be withdrawn and the State Government implemented the interim directions of the Division Bench at Aurangabad as contained in its order dated 4.7.2001. However, the stay came to be withdrawn by the State Government subject to the out come of the S.L.P. No.21020 of 2000 which was filed in the Apex Court challenging the said order dated 4.7.2001.

(3.) ON remand the Division Bench at Aurangabad decided the said Writ Petition Nos.817 of 2001 and 949 of 2001 and by its Judgment and Order dated 11.10.2002 upheld the Government Resolution dated 10.3.2000. It was held that the State Government had authority whilst making a provision in clause 13 for inviting applications from Specified Government Offices like Employment Exchange etc. which according to the Division Bench was not unconstitutional or arbitrary. This Court further held that in addition to those modes, the applications may also be invited by publishing a proclamation in the local news paper in future. It was further directed that that in so far as the recruitment of primary teachers in the school under the Zilla Parishad for the current academic year was concerned, all the candidates who are in the first select list prepared under the provisions of clause 13 of the said scheme as contained in Government Resolution dated 10.3.2000 should be issued appointment orders. As mentioned herein above, a detailed reference would be made to the judgment of the Division Bench at Aurangabad dated 11.10.2002 at a later stage.