YASI GADUK Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) All these petitions under Article 226 of the Constitution of India have been filed by the respective petitioners praying for setting aside the impugned order vide Memo No. AR/SSA/ESTT/APTET & CTET/Regu/Teacher/2017-18 dated 21-12-2017, whereby the regularization/appointment of the petitioners as Trained Graduate Teachers (for short TGT) and Primary Teachers (for short PRT) respectively, under the department of Elementary Education, Government of Arunachal Pradesh vide common order No.AR/SSA/ESTT/APTET/CTET/ Regu/teacher/2016-2017 dated 07-12-2017 has been withdrawn. The petitioners also pray for issuance of direction to the respondent authorities to allow the petitioners to discharge their duties as Trained Graduate Teachers (TGT) and Primary Teachers (PRT) and to release their pay and allowance. By the Writ Petition No. 9 of 2018 initially 135 nos. of petitioners approached this Court. However, 17 out of 135 petitioners have withdrawn leaving 118 in the fray.

(2.) The facts leading to the present writ petitions are as follows : The petitioners were appointed on contractual basis as Asstt. Teachers and Junior Teachers respectively under the scheme of Sarva Siiksha Abhiyan (for short SSA). The Asstt. Teachers were appointed for teaching students of Class I to IV and junior teachers were appointed for teaching students of Class VI to VIII. It has been stated that approximately 6850 teachers in both categories, i.e., Assistant Teachers and Junior Teachers were appointed on contractual basis under the SSA in the State of Arunachal Pradesh and such appointment started from the year 2003. On 21-06-2017 the Chief Minister of Arunachal Pradesh announced a proposal for appointment of approximately 1000 nos. of contractual teachers working under the SSA by way of regularization in a phased manner, against the regular vacancies in the Department of Education. Pursuant to such announcement, the Joint Director, Elementary Education, Govt. of Arunachal Pradesh directed the Deputy Directors of Schools, Education Department of various districts to furnish the list of the contractual teachers working under the SSA scheme, who have cleared the Arunachal Pradesh Teachers' Eligibility Test or Central Teachers Eligibility Test (APTET/CTET). Accordingly, district-wise list of such teachers working under the SSA, who were found suitable for regularization was prepared, which was approved by the Government of Arunachal Pradesh vide the U.O. No. 279 dated 07-12-2007. On the basis of the said approval of the Government, all the petitioners (122 in numbers), who were working under the SSA, on contractual basis, were regularized and appointed against the permanent vacancies. At the relevant time there were only 122 regular vacancies, of which 63 for Trained Graduate Teachers (TGT) and 59 for Primary Teachers (PRT). On the basis of such regularization all the petitioners have joined their new posts of trained graduate teachers as well as primary teachers respectively after resigning from their existing posts of contractual teachers under the SSA scheme. In the meantime, a representation dated 18-12-2017 was filed by one Jumpe Keyu (Respondent No. 18), who was also an APTET qualified contractual teacher under the SSA, alleging that the regularization and appointment against regular vacancies were done on the basis of pick and choose basis and without following any procedure and also without maintaining seniority. Upon receiving the representation submitted by Jumpe Keyu, who claimed to have represented all the TET qualified teachers working under the SSA, the Chief Secretary of the State of Arunachal Pradesh made a note on the representation, stating that the allegations made therein were serious and directed the Secretary, Department of Education to submit a detailed report on the said representation. After 3(three) days of submitting the representation, the Secretary, Vigilance Department wrote a letter dated 21-12-2017 to the Secretary, Education, Govt. of Arunachal Pradesh stating that the Vigilance Department was examining the matter pertaining to regularization of 122 nos. of contractual teachers working under the SSA and Chief Minister also vide order dated 21-12-2017 asked to withdraw the order of regularization of said 122 nos. of SSA teachers. Accordingly on the same day, i.e., on 21-12-2017, the Secretary, Education Department passed an order withdrawing the earlier order of regularization dated 07-12-2017, whereby, the petitioners were regularized against vacancies of 63 trained graduate teachers and 59 primary teachers. Aggrieved by the said order withdrawing the order of regularization, the petitioners have filed the present series of writ petitions. It was stated in the petitions that after issuance of the regularization and appointment letter, they have already joined in their new assignment as trained graduate teachers and primary teachers, respectively, and thereby became the holder of civil post. Therefore, the orders withdrawing the regularization of the petitioners amounted to removal from service arbitrarily without assigning any reason was violative of Article 311 of the Constitution as well as principles of natural justice.

(3.) The State-respondents in their affidavit-in-opposition have taken the stand, that though, the Chief Minister made an announcement on 21-06-2017 regarding the regularization of SSA teachers having APTET/CTET qualification in a phased manner, such proposal was not approved by the cabinet. It was also stated that 122 contractual teachers were randomly regularized without holding DPC or without following any procedure and maintaining seniority. It was also stated in the affidavit-in-opposition, that the criteria suggested by the Director of Elementary Education for regularization of the SSA teachers was also not followed and the regularization was made at the behest of the then parliamentary secretary, who prepared and forwarded the list of the candidates for regularization. The parliamentary secretary was not the competent authority and the list was not prepared by the concerned Education Department. Further contention of the State-respondents was that the regularization was made arbitrarily and therefore, the same was withdrawn immediately with the direction of the Chief Minister after the matter having been examined by the Vigilance Department. It was also stated that the matter was being enquired and an FIR was also lodged for missing of the file pertaining to the regularization of the petitioners which was under investigation.