S.D.SHAH - (1.) . This group of petitions under Article 226 of the Constitution of India raise common questions of law and facts and is directed against more or less common order of termination of services of petitioners by order dated 25-9-93 passed by the Dist. Primary Education Officer. By interim order passed by the Ld. single Judge while entertaining these petitions the petitioners have continued in service despite order of termination under challenge. As common questions of law and facts arise in this group of petitions same were heard together and are now being disposed of by this common judgment.
(2.) . In order of appreciate the rival submissions made by the parties in their proper perspective relevant facts giving rise to this group of petition are stated hereunder: (i) The Sabarkantha District Panchayat Education Committee issued public advertisement dated 10 through the District Primary Education Officer advertising the vacant posts of Primary Teachers in the Primary Schools under the control of District Education Committee Sabarkantha. Such advertise ment stipulated the qualifications so expected of the candidate age limit as on 1 payscale and other terms and conditions to be fulfilled by the applicant. One of such conditions inter alia stipulated that the selected candidate shall have to report for duty at a post where he is directed to report for duty and he shall have to execute a bond to continuously serve for a period of 3 years failing which to pay an amount of Rs. 10 0 It is also stipulated that such candidate shall have to surrender his original certificates of educational qualifications to the Dist. Primary Education Officer for a period of three years at the time of reporting for duty. (ii) Such advertisement did not specify the number of vacancies in various schools under the control of Dist. Education Committee Sabarkantha. It also did not specify the seats or vacancies reserved for or to be reserved for candidates belonging to SC ST Baxi Panch community or other socially and educationally backward classes as well as physically handicapped candidates. (iii) It appears that in response to such advertisement a large number of candidates applied for the post of Primary Teacher. Letters for interview were issued to such applicants in the month of February 1992 by the Dist. Primary Education Officer requiring such candidates to appear for interview in the last week of February 1992 and 1st week of March 1992. The applicants were required to produce along with their applications all necessary certificates of their educational qualifications and/or certificates certifying their passing of other exams for which additional marks could be given. (iv) At this stage it may be stated that the State of Gujarat through its Education Department issued Circular No. PRE/ 1989/2950/C dated 7-8-89 prescribing guidelines to be followed at the time of recruitment of Primary Teachers. For candidates possessing PTC qualification in such guidelines it is prescribed that marks will be allotted in the following proportion: (a) SSC 35% (b) PTC 55% (e) Spl. Subject 10% (Music Drawing Physical Training 2 Hindi & Sewing) (for possessing certificate or additional qualification in the aforesaid special subjects candidate may get two marks). (v) It is not disputed that the recruitment of Primary Teachers in the schools run by Panchayats is governed by Gujarat Panchayat Service (Recruitment of Primary Teachers) Rules 1980 which are statutory rules framed under Section 323 of Gujarat Panchayats Act 1961 Under these Rules a District Primary Education Staff Selection Committee is to be constituted read with Section 211 of Gujarat Panchayats Act 1961 and it is this Committee which has to act as the Selection Committee. The Selection Committee duly constituted after holding requisite interview prepared select-list of candidates in the month of April 1992. (vi) Based on such select-list which was prepared by the Committee constituted under the statutory Rules orders of appointment were issued by the Dist. Primary Education Officer on 16-4-92 to all the petitioners as well as other persons as per their placement in the merit list. In all 442 candidates were appointed based on said select-list. The orders of appointment were printed orders of appointment and reference to such order would be necessary at this stage. Such orders of appointment which are undisputedly identical in cases of all the petitioners inter alia stipulated that the appointment of the candidate was purely temporary and was liable to be terminated in case vacancies were not sanctioned or approved by the Government. Condition No. 8 clearly require the candidate that on receipt of order of appointment the candidate if he was continuing in service at another place shall tender his resignation shall get his resignation sanctioned and thereafter only he shall report for duly on the specified date and in case of his failure to report for duty the order of appointment shall be treated as cancelled. Condition No. 13 stipullated that the candidate shall have to submit his certificates of educational qualifications age as well as his marks-sheet in original to the office of the Dist.Primary Education Officer within seven days and the same shall he retained by the office for a period of three years. Condition No. 14 stipulated that the candidate shall have to work at least for a period of three years at the place of his appointment and he shall have to compulsorily serve for three years. In case such candidate would desire to leave the job earlier than three years he shall have to deposit in cash amount of Rs. 10 0 and that either he shall deposit Rs. 10 0 in cash within seven days or he shall execute a security bond for the said amount within seven days. (vii) About the terms and conditions of appointment and the fact that the printed orders of appointment were issued to all the 442 candidates no dispute exists before this court.
(3.) . It appears that all the 442 candidates to whom the orders of appointment were issued reported for duty at the place and within time shown in respective order of appointment and complied with the terms and conditions of order of appointment.;