Non-compliance with the provisions of the Vidya Sahayak Scheme and the failure to prepare the district level merit list and issue appointment orders accordingly violated the applicants' rights and led to detrimental consequences. The court directed the State of Gujarat to accommodate the applicants in accordance with the law and the existing vacancies in the two districts.

J.B. Pardiwala, J.

1. Since the issues raised in all the captioned writ-applications are more or less the same, those were heard analogously and are being disposed of by this common judgment.

2. For the sake of convenience, the Special Civil Application No. 4984 of 1999 is treated as the lead matter.

3. By these writ-applications under Article 226 of the Constitution of India, the writ-applicants, desirous of seeking appointment on the posts of Balguru/Vidya Sahayak/Primary Teacher, have prayed for the following reliefs:

"....Your Lordships be pleased to issue a writ of or in the nature of mandamus or any other appropriate writ, order or direction--

(a) to direct the respondents to fill up all the 1306 vacancies for which recruitment process was initiated in 1997 in the then Kheda District, by giving appointments to all the candidates selected at that time, in order of merits at district level as provided in para 12 of the Vidya Sahayak Scheme G.R. dtd. 11.6.1998; or as per the law laid down by the Hon'ble Supreme Court in Virender S. Hudda v. State of Haryana, (1999)3 SCC 696;

OR, IN THE ALTERNATIVE,

(b) to direct the respondents to follow the same course of action in Kheda District as was followed in Jamnagar and Surendranagar Districts as stated in the decision of Vidya Sahayak Samiti dtd. 18.12.1998, for filling up all the 1306 vacancies by preparing a district level merit list of all the candidates who applied for the posts of Balgurus and making appointments therefrom in order of merits;

(c) to restrain the respondents from making any recruitment of Vidya Sahayaks pursuant to the advertisements dtd. 30.4.1999 and 1.5.1999 or even otherwise, without first filling up all the 1306 vacancies by preparing district level merit list as provided in para 12 of Vidya Sahayak Scheme G.R. dtd. 11.6.1998;

(d) Pending the admission, hearing and final disposal of this petition, be pleased to direct the respondent No. 1 to forthwith issue appointment orders as Vidya Sahayaks to the petitioners in accordance with para 12 of Vidya Sahayak Scheme G.R. dtd. 11.6.1998; or as per the law laid down by Hon'ble Supreme Court in Virender S. Hudda v. State of Haryana, (1999)3 SCC 696;

(e) Pending the admission, hearing and final disposal of this petition, be pleased to restrain the respondents from making any new recruitments of Vidya Sahayaks pursuant to the advertisements dtd. 30.4.1999 and 1.5.1999;

(f) to grant any other appropriate and just reliefs."

4. The case of the writ-applicants may be summarised as under:

The State Government floated a scheme for the purpose of recruitment of Balgurus on the vacant posts of the Primary Teachers by a resolution dated 30th April 1997. The recruitment was to be undertaken at the taluka level and the selection was based on 100% objective criteria. The selection list to the extent of 20% more than the number of Balgurus required was to be prepared and only such number of candidates were required to be called for the oral interview before the Selection Committee in accordance with the recruitment rules.

5. The process of recruitment was initiated in all the talukas of the then Kheda District (now bifurcated into Kheda and Anand Districts) for filling up 1306 vacancies of the Balgurus as under:-

Sr. No.	Taluka	No. of vacancies of Balgurus to be filled up.
1	Anand	203
2	Kapadwanj	150
3	Nadiad	109
4	Matar	97
5	Mehmedabad	44
6	Thasara	119
7	Khambhat	191
8	Patlad	164
9	Borsad	224
	Total	1306

6. The advertisements for the said recruitment were issued in the month of May 1997. The writ-applicants applied pursuant to the same. They were called for the oral interview before the Selection Committee on 25th June 1997. They were all selected and placed in the selection list of the concerned taluka. However, no appointment orders were issued to any of the s