I.A. Ansari, J.

1. All these appeals, having arisen out of a common judgment and order, dated 03.06.2010, passed in W.P. (C) 171 (AP)/2009, have been heard together and are being disposed of by this common judgment and order. The Recruitment Rules of 1973 (in short, the 1973 Rules') to Class-III (Non-Gazetted) Teachers' posts in the Directorate of Education, Arunachal Pradesh Administration, provide for appointment of Graduate Teachers, Class-III (Non-Gazetted) and also Senior (Post-Graduate) Teachers, Class-III (Non-Gazetted). The 1973 Rules were framed under the proviso to Article 309 of the Constitution of India and came into force on 29.12.1973.

2. Rule 4 of the 1973 Rules prescribes the method of recruitment. As per this Rule, 50% of the sanctioned strength of Post-Graduate Teachers has to be filled up by direct recruitment and the remaining 50% posts of Post-Graduate Teachers by promotion, on the basis of seniority-cum-merit, from amongst the Graduate Teachers, who have put in three years of continuous service as Graduate Teachers.

3.. Following the 1973 Rules, the Recruitment Rules, 1983, to (Central Civil Services)' (Group 'B') posts under the Department of Education/Government of Arunachal Pradesh (hereinafter referred to as the 1983 Rules') were framed under the proviso to Article 309 and was brought into force by Notification, dated 19.12.1983, which provide for 100% promotion to the posts of Headmaster, Secondary School, and Vice-Principal, Higher Secondary School, but 75% of the promotions being from Junior Teacher/Assistant Headmaster/ Lecturer, BSB and Senior Teachers, on the basis of seniority-cum-merit, in the cadre of Junior Teachers and 250% from direct recruit Senior Teachers purely on the basis of seniority-cum-merit in the cadre of Senior Teachers.

4. The Director of School Education, Government of Arunachal Pradesh, issued an advertisement, on 13.02.2001, inviting applications for appointment to the posts of, amongst others, 8 (eight) Senior (Post-Graduate) Teachers. The advertisement, dated 13.02.2001, specified that the posts were temporary in nature; but the same were likely to be made permanent. The advertisement stipulated written test and viva-voce to be followed by Class-room-teaching as a mode of selection;

5. Before the process, which was set into motion by the advertisement, dated 13.02.2001, could culminate into selection of persons, who had offered their candidature, the Commissioner, Department of Finance, Government of Arunachal Pradesh, conveyed, on 30.05.2001, to the Secretary, Education Department, Government of Arunachal Pradesh, the decision of the State Cabinet, taken on 28.04.2001 and 29.04.2001, to recruit new teachers on contractual basis. This decision to appoint teachers, on contractual basis, was taken, because there was a ban, imposed by the State Government, on regular recruitments. An order was, then, published, on 30.05.2001, by the Commissioner of Finance, Government of Arunachal Pradesh, that the Cabinet, in its meetings, held on 28.04.2001 and 29.04.2001, had taken a decision to appoint new teachers on contractual basis.

6. Following the communication, dated 30.05.2001, so received by the Department of Education, Government of Arunachal Pradesh, an advertisement was published, on 03.10.2001, inviting applications for appointment of teachers, on contractual basis, for a specified period of two years, the basis of selection being interview; and no written test was to be resorted to. The advertisement, dated 03.10.2001, however, made it clear that those, who had already applied pursuant to the earlier advertisement, dated 13.02.2001, would be included amongst the candidates for the posts, which were to be filled up, on contractual basis, by the advertisement, dated 03.10.2001.

7. Thus, the final appointments were to be made, on contractual basis, for a limited period of two years, which, according to the State Government's general policy, could have been extended to a maxim