The importance of procedural technicalities in public interest litigation and the need for principles of natural justice to be followed.

JUDGMENT :

Heard learned counsel for the parties.

2. Petitioners have prayed for the following relief(s):-

“i. For diluting/quashing or declaring the clause (iii) of the notice dated 21.4.2016 published in Hindi Daily “Hindustan” rad with clause 6(ka)(i) of the Govt. Memo no. 2530 dated 04.10.2017 as ultravirous to the constitution of India so also nonest in the eye of law.

ii. The respondents simultaneously may kindly be directed to replace the above said incorporation through just, fair, rational and reasonable stipulation so that the constitutional protection under Article 14,16 & 21 be made available to the petitioners and other Non-formal Education Instructors cum Special Education Instructors who are/were validly appointed, bonafidely worked and genuinely entitle for the job/absorption in question within the four corners of law coupled with the illegibility and experience criteria which they having admittedly.

iii. For directing the respondents to consider the petitioners candidature/cause, in view of the well settled preposition of law as stated hereunder-

a. “Justice must not only be done, but must also be seen to be done”, since reported in {1924} 1KB256 (i.e. Rex V. Sussex Justices case) and other cases.

b. “ A reasonless order cannot be termed as an order, more so could not come under t he definition of law decided and as such not at all have any binding effect”, since reported in (2010) 9 SCC 496 (M/s Kranti Asso. Pvtg. Ltd. & Anr Vs Masood Ahmed Khan & Ors., AIR 2004 SCC 2950 (Narcotics Control Bureau Case) etc.

c. “Hot and cold can not be allowed to blow simultaneously” since reported in AIR 2006 SCC Online Cal. 158, (2009) 8 SCC-366, (2009) 9 SCC-304, (2011) 10 SCC-420, (2020) 6 SCC 387 etc.

d. “whenever a cut of date is fixed to categorized one set of employees for favourable consideration over others the twin test of valid classification must necessarily be satisfied” since reported in (2013) 2 SCC-772 (794), K.T. Retired officials Association Vs.

The State of Tamil Nadu & Ors..

e. “The judgment must be read in totality “as has been held in Hon’ble Apex Courts decision since reported in AIR 1993 SC 43 (Commissioner Income Tax Vs. Sun Engineering) etc. and as such the Hon’ble Apex Court decision/order Supra dated 26.02.2016 ought to have been looked into in its totality and not in isolation while confining over the later part of order only.

f. The doctrine towards “judicial decorum and binding nature” of an order has also could not be looked into by the Hon’ble Apex Court while passing the order above said dated 26.02.2016 and 02.12.2021 as the principal decided in Ashwini Kumar and ors. Case supra has been passed by the strength/bench of three Hon’ble Judges of the Hon’ble Apex Court and even though the said decision was neither diluted nor challenge, having still holding its field ought to have been honoured/followed by the Division Bench of the Hon’ble Apex Court under the doctrine of judicial decorum and binding nature of residence or the same ought to have been referred to the larger Bench, in case of difference of opinion etc.

g. “Right to livelihood is an integral part of right to life” since reported in (2016) 2 SCC 123 (B.S. Shershiri) vs. The State of Karnakata, (2014) 14 SCC 127 (Dhiraj Singh vs. State of Haryana), 2011(1) SCC 53 (V.N.Shrikhande (Dr.) Vs. Amla Sera Fernandes).

h. “State action to be reasonable and in public interest “since reported in 2005 ALD 194 (Dr. V.V.Sai Naresh and another vs. Union of India & Ors.

iv. The answering respondents also may kindly be directed to not at all be prejudice with any decision or order which has no sanction of law and not having any binding effect more so going to cause miscarriage of justice on the face of it.

v. The answering respondent alternatively may kindly be directed to engage the petitioners either on regular basis or on contractual basis while extending preferential right/weightage in their favour in view of the latest development published in Hindi Daily “Dain