JUMNO PADUNG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned Senior Counsel assisted by Mr. R. K. Dutta, learned counsel appearing for the petitioners and also heard Mr. B. L. Singh, the learned Senior Govt. Advocate appearing on behalf of the State respondents.

(2.) In pursuance to an advertisement No. ED.2/ATP/231/95 dated 3.11.1997, issued by the Director of School Education, Government of Arunachal Pradesh, Naharlagun, inviting application from the qualified candidates for filling up the certain posts of Trained Graduate Teachers (TGT) in the subject of Social Studies, the petitioners who were duly qualified to hold such posts submitted their application offering their candidatures along with some other candidates. A selection test was held by the authority for selecting the candidates for appointment in the aforesaid posts and after such selection, a merit list was prepared. In the said select/merit list, the names of the petitioners and the private respondent Nos. 3 to 21 duly appeared.

(3.) The names of the private respondent Nos 3 to 21 appeared above the names of the petitioners in striatum of the said select/ merit list. Pursuant to the said selection, the petitioners were offered appointments vide orders No. ED-2 420/APT/99-2000 dated 01/7/1999 and they were appointed as Junior teachers in the subject of Social Studies in different Govt. Schools of the State of Arunachal Pradesh. While the petitioners were serving in the said capacity, the private respondents approached this Court by filing WP(C) No. 94 (AP) 2000 and WP(C) 162 (AP) 2000, alleging inter alia, that their names having figured above the present writ petitioners in the select/merit list, they ought to have been appointed earlier to the petitioners. This Court vide judgment and order dated 17.8.2001 after hearing the learned counsel far the petitioners and the learned Govt, Advocate as well as considering the ratio of several decisions by the Apex Court, inter alia, held as follows: