P.S.Mishra, C.J. - (1.) This appeal under Clause 15 of the Letters Patent is preferred against the judgment of the learned single judge in a proceeding under Article 226 of the Constitution of India.
(2.) Three writ petitions which are disposed of by a common judgment involved common issues and were based on almost similar facts. Pursuant to an advertisement allegedly published in a news paper petitioner- respondents applied for appointment as teachers, admittedly reserved specially for Scheduled Tribes only. Petitioners, it appears, were called for interview for, sufficient number of Scheduled Tribe candidates were not available, selected and appointed in various schools in the Agency Area of the State in the year 1990. One of the conditions, however, mentioned in the advertisement itself, to which advertisement petioners-respondents had responded, was to the effect that the appointment of non-tribal candidates would be ad hoc for 89 days and the non-tribal candidates would not have any right over their appointment. The above conditions were introduced as per the powers conferred upon the Governor of the State under sub-para (1), Paragraph 5 of the V-Schedule of the Constitution of India.
(3.) G.O.Ms.No. 73 dated 25-4-1987 issued pursuant to the Presidential Order in this behalf in the name of the Governor of the State added a proviso to the original notification reserving the posts of teachers in the schools in the Agency Area which reads as follows:- "Provided that the posts of teachers such as B.Ed., Assistants, Telugu Pandits, Craft Assistants and Hindi Pandits may be filled in by the members of non-tribals having requisite qualifications on temporary basis till the qualified local tribals are available: Provided further that the persons so appointed shall be replaced by the qualified local tribals as and when such tribals are available." It is duly noted in the impugned judgment by the learned single judge that the above notification enables the Governor to appoint non-tribals having" requisite qualifications on temporary basis in various posts of teachers in the tribal area until the local tribal candidates are available for appointment as teachers. Learned single judge has, however, commented, since the intention of the Governor is to replace the non-tribals by tribal candidates as and when they are available, the power of appointment is confined till such time a qualified local tribal candidate is available. Pursuant to the notification, the condition in the advertisement was incorporated calling appointment of teachers who are non-tribals in the tribal area. Learned single judge, however, has found that the conditions restricting the appointment of teachers for a period of 89 days and the replacement of non-tribal teachers as soon as qualified tribal candidates are available, which are subject matters of challenge in the writ pettions are wholly arbitrary and suffer from the vice of discrimination. For the above conclusion reliance is placed upon the judgments of the Supreme Court in Rabinarayan Mohapatra vs. State of Orissa; Sushil Kumar vs. Union of India and Central Inland Water Transport Corporation vs. Brojonath Ganguly.;