S. K. KESHOTE, J. : - - (1.) Petitioners prayed for the following reliefs: A. Be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to respondent authorities to accommodate the petitioners as Vidhyasahayak on ad -hoc basis till the final outcome in Letters Patent Appeal filed by the District Panchayat, Sabarkantha is decided. B. Be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to delete the condition of submitting original certificate of qualification alongwith the application form. C. Pending admission, hearing and final disposal of this petition, alternatively, be pleased to restrain the respondents from filling up the vacancies about 30 in numbers of Vidhyasahayak pursuant to the advertisement at Annexure -A till the dispute with regard to the Recruitment Drive of Primary Teachers pursuant to the advertisement of 1991 is not finally resolved.
(2.) The facts of this case in brief are that, District Panchayat, Sabarkantha vide its advertisement on 10 -4 -1991 invited the applications for making selection for appointments on the post of Primary Teachers in the district. In response to that advertisement, it is the case of the petitioners that they submitted their applications.
(3.) It is the grievance of the petitioners that, candidates who had secured less marks, i.e. lower in the merits than the petitioners, were given appointments. Services of those candidates who were lower in merits but appointed were terminated which gave rise causes to file Special Civil Applications before this Court. Those Special Civil Applications were allowed by this Court on the ground that their services were terminated in violation of the principles of natural justice. Thereafter, fresh order after giving notice and opportunity of hearing terminating their services has been passed by the District Panchayat Education Committee. Those persons have come up before this Court and initially they have been protected by this Court. At this stage candidates who were in higher merits than those persons aforesaid filed Special Civil Applications before this Court and petitions of both the groups were came to be decided by this Court and candidates who were lower in merits were ordered to be continued. The respondent No. 1 District Panchayat filed Letters Patent Appeals before this Court and those have been admitted and the same are pending.;