- (1.) This is an application for stay of operation of the order of the learned Trial Judge appealed against.
(2.) The fact of the case is very distressing. It appears that the appellants/petitioners have passed basic training examination in the year 1980 onwards and passing the basic training petitioners registered their names in the local Employment Exchange and since then they are waiting for appointment as primary teachers in the District in question.
(3.) It is not in dispute that in the year 1984,786 persons were appointed by-passing and ignoring the claim of the petitioners. Prior to that also some candidates were appointed without considering the case of the petitioners. At that time according to the rules prevailing petitioners were entitled as a matter of course to get their cases considered for appointment as it is a well-settled principle that the persons can have no right of appointment, but they have right that their cases should be considered along with other eligible candidates. Hence, it is a clear case that Articles 14 and 16 of the Constitution of India have been violated grossly by the authority concerned.;