TATOR TALOH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) These 2 (two) cases involve common questions of facts and laws and, as such, the same were taken up analogously and, accordingly, these two writ petitions are hereby finally disposed of on its own merit with the following common judgment and order.

(2.) In Writ petition (C) No. 162(AP)2000, the petitioners 10 in number mentioned above sought for a direction to the State respondents/ competent authority to appoint them to the post of Junior Teacher by contending inter alia, that they were selected and their names had been placed/put in the related waiting list at Sl. Nos. 9, 15, 24, 44, 22, 135, 45, 37, 21 and 66 as seen in the document marked as Annexure-B to the writ petition in terms of the related select list prepared by the Selection Board consequent upon the public advertisement dated 3.11.97 for such recruitment and appointment to the post of Junior Teacher but, they have not been given appointment to the said post as per merit of the select list, however, in the month of April, May and June, 2000, the Director of School Education, Arunachal Pradesh, the 2nd respondent herein had illegally and arbitrarily appointed some candidates whose names appear below the petitioners in the related Select List thus, violating the 'seriatum' of the merit list inasmuch as, the candidates namely, (1) Miss Liter Bagra, (2) Sri Jumo Padung, (3) Sri Ananta Modi, (4) Miss Yago Yaka, and (5) Sri Bajir Gamoh whose names appear at Sl. Nos. 63, 87, 114, 130 and 160 have been given appointment to the post of Junior Teacher. According to Mr T. Michi, the learned counsel appearing for the petitioners, the actions of the respondents-State/ competent authority while giving appointment to the candidates whose names appear below the petitioners in the merit list amounts to discrimination and the same is not tenable in the eye of law.

(3.) Resisting the case of the writ petitioners, the State respondents filed counter affidavit. Mr. G. Ete, learned Govt. Advocate submitted that in Arunachal Pradesh while appointing Arunachal Pradesh Scheduled Tribe candidates to the post of Junior Teachers, the ratio of 80:20 of APST is to be followed and maintained and most of the candidates of APST do not possess the requisite qualification, of BT and B.Ed degree and, since some of the candidates namely, (a) Miss Liter Bagra, (b) Sri Jumo Padung, (c) Ananta Modi, (d) Miss Yago Yaka, (b) Shri Bajir Gamoh, (f) Miss Deyir Ete, (g) Shri Arurut Pertin and (h) Shri Rontu Tahor possessed the requisite qualification of MA, BEd and BA, BEd, they have been given appointment to the post of Junior Teachers even though, their names appeared in the waiting list below some of these petitioners and, as such, there is no infirmity in making the appointment to those persons/candidates having B.T. and B.Ed degree. It is also submitted by Mr G. Ete, learned Govt Advocate that relaxation clause has been provided for those untrained candidates without B.T./B.Ed degree/ qualification for affording opportunity for their appointment when there is no sufficient trained B.T./B.Ed degree holder.