P RUTH SOWSHEELA Vs. DISTRICT EDUCATIONAL OFFICER KURNOOL

JUDGEMENT

(1.) This writ petition brings to light the helplessness of the educated unemployed and their exploitation by the unscrupulous Managements of Private Minority Educational Institutions in the selection for Unaided Teacher posts.

(2.) The petitioners herein are the qualified Teachers. The second (sic. third) respondent herein is the Manager of a Group of Minority Educational Institutions run in different names at Nandyal and also at Kurnool. The Teachers appointed in those Schools are liable to be transferred from one School to another School under his Management. The fourth respondent herein is the Convenor of S.P.G. Schools, Nandyal Diocese and the fifth respondent herein is the Correspondent of S.P.G. Model Elementary School, Nandyal. The petitioners who were working in Compassion School in Kurnool were transferred to S.P.G. Model Elementary School through the proceedings of the third respondent dated 19-4-1997. Even before their transfer to that School, the third respondent issued an Advertisement in 'Eenadu' and 'Vartha' Telugu Daily Newspapers dated 29-1-1997 calling for the applications of Christian Minority candidates for five posts of unaided Secondary Grade Teachers. In pursuance of the said Advertisement, these petitioners applied for the said posts as they are fully eligible and fulfilled all qualification requirements. The first respondent-the District Educational Officer, Kurnool, also granted permission to the fifth respondent by his proceedings dated 28-7-1997 to hold written test and interview on 8-8-1997 for filling up the said posts i.e., five posts of Unaided Secondary Grade Teachers. The first respondent also nominated the second respondent i.e., Deputy Educational Officer to constitute the Selection Committee for conducting Test and Interview. Accordingly, the Selection Committee was constituted with the second respondent as a nominee of the first respondent, fifth respondent, the Head Master of the School and two other experts. Fifteen candidates including the petitioners herein appeared before the Selection Committee on 8-8-1997 and the Selection Committee completed the entire process, but, the result of the said process has not seen the light of the day.

(3.) It is the case of the petitioners that in the said selection they stood at ranks 2, 3 and 5 but the Management without forwarding the list of the selected candidates for approval to the first respondent submitted a letter stating that the Selection Committee could not meet on 8-8-1997 for want of quorum and sought fresh date for selection at the instance of some interested parties and that when the petitioners and other successful candidates approached the fifth respondent, he realised the injustice done to them and issued another letter to the first respondent stating that the interviews conducted on 8-8-1997 were held with full quorum and the selected marks list was submitted to the second respondent duly signed by the members of the Selection Committee for approval of the first respondent. But no final orders were issued. The petitioners to their utter surprise saw a paper publication issued by the fourth respondent on 28-6-1998 calling the applications for the posts of four Secondary Grade Aided Teachers and three Secondary Grade Unaided Teachers. The petitioners filed this writ petition challenging the said Advertisement dated 28-6-1998 without appointing them for the posts of Secondary Grade Unaided Teachers in pursuance of the earlier notification dated 29-1-1997.