S.J.MUKHOPADHAYA,.J. - (1.) THE services of the appellants having been terminated by the Director, Secondary Education -cum -Joint Secretary, vide Memo No. 892 dated 28 th June, 1997, on the ground of illegal appointment and the writ petitions being C.W.J.C. No. 7859 of 1997 and W.P.(S) No. 3867 of 2002 having been dismissed by the learned Single Judge vide common judgment dated 6 th August, 2003, the instant appeal has been preferred by the appellants.
(2.) THE main plea taken by the appellants is that they having been legally appointed after following the procedure of appointment and their services having been regularized as back as in the year, 1990, there was no occasion for the authorities to reopen the issue. Learned Counsel for the appellants relied on the enclosures, attached with the writ petition and memo of appeal in support of the claim that advertisement was issued in pursuance of which the appellants applied, called for interview and after selection and preparation of merit list, they were appointed in the services of the State. Reliance was also placed on a decision of the Supreme Court, rendered in the case of Secretary, State of Karnataka v. Uma Devi , wherein, the Supreme Court while laid down ratio with regard to regularization of the services of irregular appointees, illegal appointees etc., clarified that the regularization, if any already made, but not sub judice, need not be reopened based on this judgment. Counsel for the appellants further relied on a decision of the Supreme Court, rendered in the case of B.N. Nagarajan v. State of Karnataka and submitted that irregular appointment, if earlier made, can be regularized.
(3.) ON the other hand, according to the counsel for the State, the appellants having been appointed illegally, regularization of their services was not permissible. The respondent -State has also disputed the plea, taken by the appellants, that they were appointed after advertisement, published in the newspaper, by a valid selection committee and competent authority.;