JAGADAMBA PILLAI Vs. D E O HYDERABAD

JUDGEMENT

(1.) This is an application for the issue of a writ of mandamus declaring that the order of the 1st respondent-District Educational Officer, Hyderabad, in R.C.No. 230/E5/84, dated 4.12.1984 is illegal and void and is in violation of Arts. 14 and 30 of the Constitution of India.

(2.) The petitioner joined service as a teacher on 28.2.1973 in Babies Universe Upper Primary School (EM), Lingampally, Hyderabad which is the 2nd respondent herein. She joined SGBT training course in the year 1973-74 but could not get through the theory examination. The petitioner continued in service up till April, 1982 and has thus put in a total service of about 10 years. The District Educational Officer, issued instructions in R.C.No.851/D. III/81 dated 21.4.1982 intimating that under the terms and provisions of G.O.Ms.No. 247, Edn. (HI) Department, dated 2.3.1981 the unqualified teachers sanctioned prior to 23.4.1977 on sanction posts should not be continued beyond the academic year 1981-82. Consequently, the Correspondent of the Babies Universe Upper Primary School, the 2nd respondent herein, terminated the services of the petitioner who happens to be an unqualified teacher on 16.6.1982, and shifted her to private lower post under the same management. However, another G.O.Ms.No.411, Edn. dated 23.4.1982 was issued by the Government stating that all the unqualified and untrained teachers who were appointed prior to 23.4.1977 shall be continued till the end of the academic year 1982-83 even if they were not trained. It is also stated in the said G.O. that they will be trained during the academic year 1982-83 if training facilities are available. Those who were appointed an untrained and unqualified teachers after 23.4.1977 were not to continue automatically and they were deemed to have been ousted from service as such. In the light of the G.O.Ms. No.411, Edn. dt. 23.4.1982 which was communicated to the Correspondents of private recognised institutions, the proceedings in Rc.No.851/D.III/81, dated 21.4.1982 issued by the District Educational Officer were cancelled.

(3.) The Government again issued G.O.Ms.No. 337, Edn. (p Department, dated 12.8.1983 extending time limit for unqualified and untrained teachers who were continuing in service in accordance with the orders issued in G.O.Ms.No.411, dt.23.4.1983 for a further period of one year subject to certain conditions. The distinguishing feature of this case is the vagaries of the orders which have been issued by the Government from time to time. A reading of the G.Os issued by the Govern ment clearly reveal the fact that there has been re-thinking on the part of the Government authorities and orders have been issued revising the earlier decision taken about the termination of the services of the untrained and unqualified teachers by extending their terms suitably from time to time. It is no doubt true that the Government can change its mind on a matter of policy and take decisions in accordance with the exigencies of the situation, but at the same time a certain consistency in the policy and the decision of the Govt. is necessary to ensure a sound and stable administration.