MONYA TAIPODIA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) All these appeals, having arisen out of a common judgment and order, dated 03.06.2010, passed in WP(C) 171(AP)/2009, have been heard together and are being disposed of by this common judgment and order.

(2.) The Recruitment Rules of 1973 (in short, the 1973 Rules ) to Class-III (Non-Gazetted) Teachers posts in the Directorate of Education, Arunachal Pradesh Administration, provide for appointment of Graduate Teachers, Class-III (Non-Gazetted) and also Senior (Post-Graduate) Teachers, Class-III (Non-Gazetted). The 1973 Rules were framed under the proviso to Article 309 of the Constitution of India and came into force on 29.12.1973.

(3.) Rule 4 of the 1973 Rules prescribes the method of recruitment. As per this Rule, 50% of the sanctioned strength of Post-Graduate Teachers has to be filled up by direct recruitment and the remaining 50% posts of Post-Graduate Teachers by promotion, on the basis of seniority-cum-merit, from amongst the Graduate Teachers, who have put in three years of continuous service as Graduate Teachers.