JUDGMENT :

V. Gopala Gowda, J.

This appeal by special leave is directed against the impugned judgment and order dated 26.7.2006 passed by the High Court of Jharkhand at Ranchi in Letters Patent Appeal No. 526 of 2003 (filed against the judgment dated 6.8.2003 of the learned single Judge in C.W.J.C. No. 7859 of 1997), whereby the High Court dismissed the appeal filed by the appellants herein and concurred with the order of the learned single Judge by holding that they were illegally appointed on the posts of Clerk without following the Non-Reportable procedure prescribed in Bihar Nationalised Secondary School (Condition of Service) Rules, 1983 (hereinafter "the Rules, 1983) and in violation of Articles 14 and 16 of the Constitution of India. The brief facts of the case are stated hereunder:

2. A Circular No. 16440 was issued on 3.12.1980 by the Government of Bihar through its Personnel & Administrative Reforms Department, prescribing the procedure for appointment to Class-III post of Clerks in Government offices of the State, except those posts where the appointments were to be made by the Public Service Commission. However, subsequently the provisions of the recruitment Rules, 1983 were notified vide Notification dated 9.6.1983 by the state Government in exercise of its power conferred under Section 9 the 'Bihar Non-Government Secondary School (Taking over Management & Control) Act, 1981. According to these Rules, the District Education Officer was declared to be the competent authority to make appointment to Class-III employees. It further stated that there would be no written examination or interview for appointment and the marks obtained in the school and college examination would be the basis of the preparation of the merit list. It also prescribed the procedure of selection and appointment as also the service conditions of the schools under the Rules, 1983. The Selection Committee for appointment of Class-III employees was also prescribed under these Rules, which comprised of the District Education Officer, District Inspectors of Schools and the senior most head master of a nationalised secondary school.

3. As per Rule 8(1) (e) of the Rules, 1983, the cadre of Class-III non-teaching staff would be a District Cadre and the District Education Officer would be the appointing and controlling officer.

4. Several sanctioned posts of clerks were lying vacant in the Nationalised High Schools/Government High Schools on account of which there was shortage of clerks to carry on with the day to day work. The working of the schools were being hampered as a result and thus, the concerned Head Masters requested to fill up the several sanctioned posts of clerks which were lying vacant in the Nationalised High Schools/Government High Schools.

5. Considering the said request of Head Masters, a meeting of the District Selection Committee was convened on 8.12.1987 as per the Rules. A Resolution was passed by the said committee for immediate appointment of clerks for the proper and quick disposal of pending works in the schools. An advertisement was notified on the notice boards of all concerned offices of the district on the same date and communication was also sent to the employment exchange of the District inviting applications and sponsoring of names of the eligible candidates for appointment from them. The appellants (who were also registered with employment exchange) applied for appointment to the post of Clerk pursuant to the advertisement dated 8.12.1987. Their application forms along with other applicants were scrutinised by the District Selection Committee. The shortlisted candidates along with the appellants were called for an interview on 15.4.1988 and following the reservation policy, a panel of two sets of selected candidates was prepared i.e. part 'A' and part 'B'. Some of the appellants were put in part 'A' and other appellants were put in part 'B' in the waiting list.

6. The Selection Committee in its meeting held on 28.5.1988 appro