Sunil Ambwani, J. - (1.) -I have heard Sri Ashok Khare, senior advocate assisted by Sri V. D. Chauhan and Sri Subodh Kumar for petitioners and Sri K. Shahi, Sri Jitendra Ojha, Sri P. D. Tripathi, Sri. R. K. Tripathi and Sri Ravi Shanker Prasad as well as Sri K. K. Rai for respondents.
(2.) THE petitioners in all these writ petitions were initially appointed as Assistant Teachers in Primary Schools run and managed by U. P. Basic Education Board (in short, the Board) on substantive posts. THEy were subsequently promoted as Head Masters, or Assistant Teachers in Junior High Schools. All the petitioners were appointed as Co-ordinators and Assistant Co-ordinators at the Block Resource Centres (B.R.C.) or in Nyaya Panchayat Resource Centres (N.P.R.C.) under the 'U. P. Education For All' project, in the year 1997-98, and in subsequent years, in pursuance of advertisements issued by the Basic Shiksha Adhikari of the District for appointments of Co-ordinators and Assistant Co-ordinators at Block Level and at Nyaya Panchayat levels through a selection committee headed by Basic Shiksha Adhikari. THEy were given training at the District Institutes of Employment and Training, and were appointed on deputation in the pay scale of Rs. 5,500-9,000 (revised to 6,500-10,500) for Co-ordinators and in the pay scale of Rs. 4,500-7,000 (revised to 5,500-9,000) for Assistant Co-ordinators. By Government order dated 1.9.2001, a procedure was provided for selection of Co-ordinators/ Assistant Co-ordinators in B.R.C. and N.P.R.C. in U. P. the scheme, in its project No. I and II of U. P. Basic Education Project and District Projects for Primary Education-II and III. The Government order provided for eligibility, advertisement, selections committee, written examination, interview and appointments as well as assessment of works and recording of character role. All previous orders for selections were modified accordingly. By Government order dated 29.6.2002 the Government order dated 1.9.2001 was amended. It was provided that the Co-ordinators/ Assistant Co-ordinators in B.R.C. and N.P.R.C. shall be selected for a maximum period of two years, after which fresh selections will be made, with a restriction that these persons shall not be considered in the fresh selections. For B.R.C., the teaching experience of 8 years for Co-ordinators, 3 years for Assistant Co-ordinators, and teaching experience of 5 years for Co-ordinators in N.P.R.C. was made compulsory, and further restriction was placed that those persons who have less than 10 years to retire shall not be considered for selection for these posts. The Specialist Basic Shiksha Adhikari, Sidharth Nagar issued Office Memorandum informing that the services of all the Co-ordinators/ Assistant Co-ordinators in D.P.E.P. scheme has come to an end with the closure of the scheme on 30.6.2003 and that the orders of their repatriation shall be passed after the said date and these persons were required to hand over the charge to the Assistant District Education Officer.
(3.) ON 7.5.2003, an advertisement was issued by Specialist Basic Education Officer, Sidharth Nagar in daily news paper 'Dainik Jagran' inviting applications for selections for the post of Co-ordinators and Assistant Co-ordinators for B.R.C. and N.P.R.C. in accordance with Government order dated 29.6.2002. By these writ petitions, the petitioners have challenged the orders dated 27.6.2003 and the advertisement published by Expert Basic Shiksha Adhikari, Sidharth Nagar dated 7.5.2003 and have prayed that the respondents may not interfere in their functioning and payment of salary. In Writ Petition No. 38986 of 2003 the petitioners have challenged similar orders and advertisement inviting fresh applications for selection with regard to Co-ordinators/Assistant Co-ordinators in district Shahjahanpur. Similar reliefs on almost same facts have also been sought in other connected writ petitions on the same grounds. Sri Ashok Khare, senior advocate submits that the posts of Co-ordinators/Assistant Co-ordinators are still continuing in B.R.C./N.P.R.C. The object, purpose and functions of both the schemes namely 'D.P.E.P.' and 'S.S.A.', is the same. The petitioners were appointed without any condition or specifying any period. They were trained. There are no complaints against their work and conduct. In the circumstances, he submits that the fresh process of selection is grossly illegal and arbitrary. There is no rationale and object to be achieved in making fresh selections. The Government order dated 29.6.2002 cannot possibly be applied to allow the appointments afresh, and that there has been no individual assessment of the petitioners' work and conduct before repatriating them to their substantive posts. He submits that even if the petitioners do not have any right to hold the post, they have a right under Articles 14 and 16 of the Constitution of India to be treated fairly and reasonably and that the exercise of power for fresh selections in the present case is wholly arbitrary.;