N.S.SINGH, J - (1.) Upon hearing the learned counsel on both sides, it appears to me that the petitioner- " Association made a prayer for a direction to the respondents for affording appointment to its members numbering 30 in the post of Matriculate Teachers under the Directorate of Education, Manipur, as done to the other persons who are similarly situated with the members of the petitioner-Association vide Govt. order/letter dtd. 30.5.1996 issued by the Director of Education(S), Government of Manipur, as in Annexure A/6 to the writ petition, relating to the Government's approval and appointment of 27 fresh candidates as Assistant Teachers in the scale of pay of Rs.975-1660/- p.m.
(2.) According to the writ petitioner- Association, it is an Association formed by the fresh recommended candidates under a related D.P.C. proceeding held from 5.10.93 to 14.10.93 for appointment of Matriculate Teachers/Assistant Teachers in the Schools of school-less villages under the Directorate of Education(S), Govt. of Manipur, and there are 30 members in the Roll of the Association at present. As far back in the year 1987 154 posts were created for opening schools in the school-less villages in hill areas of Manipur, and accordingly adhoc/substitute teachers and some other recommended candidates in other D.P.C. proceedings were appointed by the competent authority till the regular appointment is/was made. In due course of time a regular D.P.C. was held from 5.10.93 to 14.10.93 for selection of candidates from amongst the substitute/adhoc teachers as well as fresh candidates in the post of Matriculate Teachers for schools in the school-less villages in hill districts under the Directorate of Education(S), Manipur. As per the minutes of the said D.P.C. 75 posts were held by the substitute teachers and 57 posts had already been filled up by the candidates recommended by a special D.P.C. conducted under the directives of the Supreme Court of India and this Court, and accordingly it was the view of the D.P.C. that the filling up of 57 posts was a temporary arrangement and as and when clear vacancies were available in the Government Schools, those candidates appointed against the posts of school-less villages would be transferred and posted at the vacancies of the other Govt. schools so that all the 57 posts of Assistant Teachers of schools of School-less Villages may be available for the villages specified under the related Govt. order. Considering these existing facts and circumstances of the case the said D.P.C. recommended 120 candidates in all for appointment and out of which 46 candidates were from the substitute teachers and 74 teachers were from the fresh candidates, as seen from the document marked as Annexure A/2 to the writ petition. After completion of the said D.P.C proceedings, recommendation as well as the D.P.C. proceedings were submitted to the Government as far back as in the year 1993. As the Government did not take any action iin the matter a Lawyers Notice was submitted on 28.7.1995 to the Director of Education(S), Govt. of Manipur - the 2nd respondent herein -, demanding immediate issuance of the appointment order on behalf of the selected 74 fresh candidates. Thereafter the respondent - Government- conveyed its approval to the appointment of 27 recommended fresh candidates in the schools of schoolless Villages in the Hill Districts against certain existing vacancies, which shall be later on adjusted against the posts of school-less village schools as and when vacancies are available. It is also the case of the writ petitioner that the appointment of 27 fresh candidates out of 47 recommended fresh candidates is quite arbitrary, unjust, unfair and it is pick and choose policy and violative of Article 14 and 16 of the Constitution of India. The appointment order as in Annexure A/6 to the writ petition clearly shows that the appointment given to those 27 fresh candidates are in the Govt. Schools where vacancies are lying and not in the school- less village schools, and as such it is a discriminatory action of the respondents that remaining 47 recommended fresh candidates including the present 30 members of the petitioner-Association have not been given appointment in the same manner afforded to the said 27 recommended fresh candidates. According to the writ petitioner- Association the said D.P.C. proceeding held from 5.10.93 to 14.10.93 and its recommendation thereof is neither cancelled nor rejected or altered from the end of the respondents and on the other hand the respondents started acting upon the recommendations of the said D.P.C. by giving appointment both to the substitute and fresh candidates and as such the respondents are bound to act upon the said D.P.C. resolution and to afford appointment to the remaining fresh candidates who are the members of the petitioner-Association.
(3.) The case of the writ petitioner- Association is contested by the respondents by filling counter affidavit and contending inter-alia that the Government of Manipur created 154 posts of Matriculate teachers for School-less Village Schools in the hill areas vide Govt. order dtd. 20.4.87 and dtd. 30.5.84. Out of 154 posts of Matriculate Teachers, 57 posts have already been filled up on regular basis and further discovered that there was some excess appointments of teachers on adhoc/substituted basis of Matriculate Teachers against these sanctioned posts. The concerned D.P.C. recommended 120 candidates, of which 46 candidates an from amongst the substituted Teachers and 74 candidates from the fresh candidates and out of which the Government approved 71 candidates only as there were only 71 vacant posts available. Out of these, 44 were from substituted and adhoc teachers and 27 were from fresh candidates, and thus the recommemded and approved substituted teachers altogether 71 had been given regular appointment, and as such all the 154 posts had been filled up by the Govt. in various orders mentioned in the counter- affidavit, (i.e. 57 posts + 44 posts + 27 posts + 22 posts + 4 posts =154 posts). According to the respondents the present 30 members of the petitioner-Association are fresh candidates recommended by the D.P.C. but they were not approved by the Govt. and as such they have no right to claim for appointment as Matriculate Teachers, in the Schools of School-less Villages.;