IMPORTANT POINT
Appointments made without lawful selection process are illegal and cannot be regularized.

JUDGMENT :

(N. Unni Krishnan Nair, J.)

Heard Mr. T. Son, learned counsel for the petitioners. Also heard Mr. T. Tagum, learned Standing Counsel for the Education Department representing the respondent nos. 1 to 3 and Mr. N. Lowang, learned Government Advocate appearing for the respondent no. 4.

2. The petitioners herein, have joined together to assail an order dated 18.08.2023, issued by the Commissioner (Education) Govt. of Arunachal Pradesh, Itanagar, towards cancelling the appointment effected in respect of each of the petitioners herein and some others as Multi-Tasking Staff (MTS), as well as against Group-C post.

3. The petitioners herein were initially engaged as Contingency Peon/Contingency Staff and also on ad-hoc basis on fixed pay per month, during the period 2017 to 2021. It is projected that the Contingency services of the petitioners were consequently, regularized during the period 2017 to 2021 by issuing individual orders of regularization to them and they were appointed as MTS. The orders of appointment so issued to the petitioners had a condition that the petitioners herein, in terms of the appointment so effected in their cases, were required to remain on probation for a period of two years. It is further projected that on completion of the probation period of two years, the services of all the petitioners came to be regularized as MTS. The respondent authorities, on finding that the appointments of the petitioners herein have not been effected in the manner required, proceeded to terminate the services of the petitioners, herein, by way of issuance of an order dated 20.08.2021. Being aggrieved by the said order dated 20.08.2021, the petitioners herein, approached this Court by way of instituting WP(C)/315/2021.

4. This Court vide order dated 29.08.2022, on considering the materials available on record and upon hearing the parties to the proceedings, was pleased to interfere with the order of termination issued in respect of the petitioners herein vide 20.08.2021. The orders of termination of the services of the petitioners were so interfered only on the ground that the petitioners were not afforded an opportunity of hearing before the termination of their respective services were so effected. This Court, after having interfered with the orders of termination of the services of the petitioners and directing for reinstatement of their services in their respective posts, had provided liberty to the respondent authorities to dispense with the services of the petitioners, if the authorities are of the view that the services of the petitioners are no longer required.

5. In pursuance to the directions passed by the Court vide the order dated 29.08.2022, the respondent authorities proceeded to reinstate the petitioners herein, against posts from which they were so terminated. After having reinstated the petitioners in their service, in the month of October, 2022, the respondents herein, proceeded to issue individual show-cause notices to the petitioners on 19.10.2022. In the said show-cause notice, it was alleged that the appointment as MTS in respect of each of the petitioners by the then Director of Elementary Education, Itanagar was so made without any lawful selection process. Accordingly, the petitioners were required to show cause as to why their such illegal appointment issued unilaterally and illegally by an incompetent authority i.e., the then Director of Elementary Education, Itanagar should not be nullified and cancelled for all purposes.

6. The petitioners, on receipt of the said show-cause notices, dated 19.10.2022, proceeded to submit their individual replies on 12.02.2023, raising similar contentions.

7. The respondent authorities, on perusal of the reply finding the same to be not satisfactory and holding that their appointments were so made without following the procedure of the recruitment rules holding the field, proceeded to issue the order dated 18.08.2023, cancelling the individual orders of appointmen