A.B. Srivastava, J. - (1.) THESE writ petitions relate in the matter of appointment and continuance in service of Reserve Pool Teachers in the recognised educational institutions, managed and conducted by private managements in accordance with the provisions of U.P. Intermediate Education Act, 1921 have been heard as a bunch as the questions raised in these petitions are fully covered and the controversy settled by a decision of the Supreme Court, reported in Prabodh Verma and others v. State of U.P. and others : AIR 1985 SC 167. In the year 1977 about 60,000 teachers who were members of a registered society named U.P. Madhyamik Shikshak Sangh went on indefinite strike from December 1977. In order to cope with the situation arising as a result of the strike, the State Government under Section 3(1) of the U.P. Essential Services Maintenance Act, 1966 issued a notification dated 24.12.1977 prohibiting strikes in the educational institutions and by issuing Ordinance No. 25 of 1977, Section 4 of the U.P. High School and Intermediate Colleges Payment of Salaries of Teachers and Other Employees Act 1971, was amended to the effect that Director of Education could direct any teacher who was on strike to resume duty by the date or hour specified and upon the failure of the teacher to so resume to terminate his services without any further enquiry and the management or failing it, the Inspector would appoint on temporary basis any such person possessing requisite qualifications for the post of any such teacher. Since a number of teachers did not join despite the order issued by the Director of Education and subsequently time being extended by the High Court in a writ petition, the persons possessing requisite qualifications were appointed on temporary basis between January 9 and 19, 1978. It is those teachers who subsequently were termed as Reserve Pool Teachers. The strike ended and the settlement having been arrived between the striking teachers and the Government, the services of these reserve pool teachers were terminated on or about Jan. 20, 1978 after giving one month's salary in lieu of notice. The Governor on 25.2.1978 withdrew the Ordinance No. 25 of 1977.
(2.) ON 24.6.1978 U.P. High School and Intermediate Colleges Reserve Pool Teachers Ordinance No. 10 of 1978 was promulgated to provide absorption of the said teachers. The District Inspector of Schools was required to maintain Register of Reserve Pool Teachers appointed while Ordinance No. 25 of 1977 was in force, and any substantive vacancy in the post of a teacher required to be filled by direct recruitment was at the instance of Inspector to be offered by the management to a teacher whose name is entered in such register. Subsequently when applicants were invited for the post of teachers in various institutions and the applications were called for interview, on a letter dated 1.7.1978 issued by the Deputy Secretary Education, Government of U.P., the selections were postponed and some of the vacancies filled, by appointing on probation for one year teachers from the reserve pool. This Ordinance No. 10 of 1978 was later substituted by Ordinance No. 22 of 1978 containing similar provisions. Several writ petitions were filed challenging provisions of Ordinance 10 of 1978 which were dismissed as infructuous as the said Ordinance had lapsed. Madhymik Shikshak Sangh filed writ petition No. 7424 of 1978 challenging the validity of Ordinance No. 22 of 1978 and the High Court on 22.12.1978 (vide, 1979 ALJ 178) quashed the same. Thereafter in pursuance of letters dated 21.5.1979 of the Government, and 29.5.1979 of the Director, the Managements issued termination letters to those teachers. The writ petitions filed by them were dismissed by the High Court following the judgment in Sangh's case.
(3.) SUPREME Court on appeal reversed the judgment of this Court in Sangh's case and upheld all the aforesaid ordinances issued by the State of U.P., as well as claim of the Reserve Pool Teachers for appointment, in preference to the open market candidates. The Supreme Court passed the further orders as below: - - (a) We declare the orders of termination of the services of reserve pool teachers to be contrary to law and we quash and set aside the said orders as also the order dated May 21, 1979 of the Government of Uttar Pradesh and the order dated May 29, 1979 of the Additional Director of Education, Uttar Pradesh and all other orders, if any, to the same effect. (b) We direct that each of the reserve pool teachers who had already been appointed and was continuing in service by reason of the stay orders given either by the Allahabad High Court or by this Court is entitled to continue in service and is entitled to be confirmed in the post to which he or she was appointed with effect from the date on which he or she would have been confirmed in the normal and usual course. (c) We further direct that the remaining teachers in the reserve pool be appointed in accordance with the provisions of the Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) (Second) Ordinance, 1978 (U.P. Ordinance No. 22 of 1978) to substantive vacancies in the posts of teachers in recognised institutions which are required to be filled by direct recruitment as and when such vacancy occurs. (d) This direction will apply to those reserve pool teachers whose services were terminated and who had not filed any writ petition or who had filed a writ petition but had not succeeded in obtaining a stay order and to those reserve pool teachers who had not been appointed in view of the interim orders passed by the High Court and thereafter by reason of the judgment of the High Court in the Sangh's case and who have not filed any writ petition.;