JUDGMENT :

1. Heard Mrs. Dinari T. Azyu, learned counsel for the petitioners, Ms. Mary L. Khiangte, learned Govt. Advocate appearing for the State respondents, Mr. Jonathan Lalrintluanga, learned counsel for the respondent No. 6 and Ms. Zairemsangpuii, learned CGC for the respondent No. 7.

2. This is the second time the petitioners are before this Court. The petitioner No. 1 is the Mizoram SSA Teachers’ Association represented by its President and the petitioner No. 2 is the President of the Association. The earlier writ petition being WP(C) No. 84/2018 was disposed of on 23.04.2019 with a direction to the petitioners to submit a fresh representation before the Secretary to the Govt. of Mizoram, School Education Department (respondent No. 2) through the State Project Director, SSA, Mizoram, Aizawl (respondent No. 6) within a period of 15 days from the date of the Order along with a copy of the writ petition and the respondent No. 6 was further directed to submit a detailed write up as may be necessary to the respondent No. 2 and the respondent No. 2 upon receipt of the same and the representation was directed to dispose of the same by way of a speaking order within a period of 6 (six) weeks from the date of receipt of the same. Pursuant to the direction, the respondent No. 2 vide order dated 24.06.2019 rejected the representation of the petitioners. Aggrieved, the petitioners are again before this Court.

3. The case of the petitioners in brief is that the Govt. of India in the Ministry of Human Resource Development, Department of Elementary Education and Literacy introduced a program for Universal Education in India under the 9th Five year plan with the nomenclature of Sarva Shiksha Abhiyan (SSA) aiming to achieve the long cherished goal of Universalization of Elementary Education through a time bound integrated approach in a partnership with a States to change the face of the Elementary Education to all children in the age group of 6 -14 years by 2010, focusing emphasis on education for life. The statute mandates the financial resource and responsibility for implementation of the scheme for which sufficient budget was estimated from the Central and the State level department. The financial norms as has been provided initially under the statute is to be shared by the Central and State Government in 85:15 ratio during the 9th plan, 75:25 during the 10th plan and thereafter, 50:50. The financial norms further provide that regarding sharing of cost, undertaking had to be taken from the State Government and as regard support for Teacher salary. The process under the SSA which started during the 9th plan period is a continuous process and would carry on spontaneously.

4. The State respondents in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India vide Notification dated 31.07.2001 framed the SSA Rajya Mission Rules, 2001. Subsequently, the Right to Education Act, 2009 (RTE Act) came into being and accordingly, in exercise of the powers conferred by Section 38 of the said Act, the Mizoram Right of Children to Free and Compulsory Education Rules, 2009 (Rules of 2009) was framed by the State respondents vide Notification dated 23.03.2011. According to the petitioners, presently, the SSA Mizoram has opened 499 new schools including Lower Primary and Upper Primary Schools. There are 550 Lower Primary Teachers and 1643 Upper Primary Teachers.

5. It is the case of the petitioners that they were appointed under the aforesaid Scheme through a regular selection process. The respondent authority concerned had floated advertisement for filling up the post by inviting applications from those interested. The members of the petitioner association applied for the posts and on being selected, they were appointed and executed an agreement. According to the petitioners, the members of the petitioner association have been posted in various Government Primary and Middle Schools as well in Deficit Schools and they