The main legal point established in the judgment is that the appointments made after the issuance of G.O.Ms.No.275 dated 14.12.1995 were not valid, and the exemption granted in G.O.Ms.No.35 dated 27.3.2006 could not be applied retrospectively.

ORDER :

The petitioners filed this writ petition seeking writ of mandamus by setting aside the impugned Memo No.42351/IE-II(1)/2004 Higher Education Department dated 02.01.2010 and the consequential proceedings of the 2nd respondent dated 12.1.2010 which was served on 1.2.2010 to the petitioners.

2. The petitioner claims that the 1st, 3rd and 4th petitioners are appointed as Physical Directors in different Aided Colleges on 16.7.2002, 24.9.2003 and 28.5.2003 respectively pursuant to the Advertisement issued on 9.5.2002, 10.7.2003 and 29.5.2002 calling for applications to fill up the post of Physical Director (Aided post) duly prescribing qualifications, by the duly constituted selection committee as per the procedure. The 2nd petitioner was appointed as Librarian on 9.6.2003 pursuant to the Advertisement issued on 14.4.2003 calling for applications to fill up the post of Librarian (Aided post) duly prescribing qualifications by the duly constituted selection committee as per the procedure. The appointment of the petitioners 1, 3 and 4 as Physical Directors and petitioner No.2 as Librarian was approved by the Board of Intermediate Education on 05.06.2003 and 06.10.2003 in respect of Petitioners 1 and 2 only. Despite the petitioner’s appointment was approved by the Board, they were not being paid salary. Several other Physical Directors and Librarians who are similarly situated to that of the petitioners were appointed by the different private aided colleges across the State even after appointment of the petitioners and all of them are getting salaries, whereas the petitioners are being denied payment of salaries, which is illegal and arbitrary.

3. This Court, on 09.02.2010 granted an interim order in WPMP.No.3657 of 2010 directing the respondents to retain and continue the petitioners as Physical Directors/Librarians by staying all further proceedings in pursuance of the Memo No.42351/IE=II(1)/2004 Higher Education Department dated 02.01.2010 and the consequential proceedings of the 2nd respondent dated 12.1.2010.

4. The 2nd respondent filed counter along with Vacate Petition stating that Act 2 of 1994 has been enacted to regulate the appointments and prohibit irregular appointments in offices and establishments under the control of State Government, Local Authorities, Corporations and bodies established under law made by the State Legislature. Further, orders have been issued in G.O.Ms.No.275 Finance & Planning (FW:SMPC) Department dated 14.12.1995 stipulating no post can be filled in the departments and offices in the State Government whether full time or part-time, contingent or any other category without getting clearance from the Government in Finance Department. 63 posts of Physical Directors/Librarians in Private Aided Junior Colleges in the State were filled up during the ban period from 1996-2003 in violation of provisions of Act 2 of 1994 and the orders issued in G.O.Ms.No.275 dated 14.12.1995 without getting prior approval from the Government and requested the Government to cancel all the irregular appointments made during the ban period i.e., 19962003 and directed to treat the said appointments as contract appointments as they were made in contravention of the orders issued by the Government. Accordingly, a show cause notice was issued to all the 63 Physical Directors and Librarians who were appointed irregularly, including the petitioners through proceedings dated 12.01.2010. Aggrieved by the show cause notice, the petitioners filed the present writ petition. The High Court in its order in WPMP.No.3657 of 2010 suspended the show cause notice and the petitioners are continuing in service. The 3rd respondent has not approved the appointment of the petitioners in terms of G.O.Ms.No.29 dated 05.02.1987. Prior permission has to be obtained from the Government for filling up vacant posts in aided Junior Colleges as per G.O.Ms.No.275 dated 14.12.1995 and in this case, no permission has been obtained from the Government and th