The main legal point established in the judgment is that the date of regular appointments should be based on the initial appointment letters issued in pursuance of the selection made, and the respondents' strategy of giving temporary appointments until regular appointments on probation were issued was criticized as subversive of the rule of law and affecting the rights of the citizens to equality under Arts. 14 and 16 of the Constitution of India.

Rajesh Balia, J.-I have heard learned Counsel for the parties.

2. This petition is directed against the respondents seeking relief that the petitioners date of regular appointment may be treated as 9.1.1988 and 11.1988, respectively with all consequential benefits and if the petitioners are found entitled for the aforesaid relief , the respondents be further directed to include the names of the petitioners in the final seniority list of L.D.C. and assign them seniority on the basis of such dates of appointment.

3. The facts and circumstances in which this petition has arisen are not in dispute. The facts discernible from the documents produced by the petitioners as well as respondents, genuineness of the same are not in dispute, may first be noticed chronologically.

4. From the perusal of Annex. R/3 dated 28.1987, it appears that Director, Navodaya Vidhyalaya Samiti accorded sanction for creation of posts of various categories of teaching and non-teaching staff for Navodaya Vidhyalaya opened during 1987-88. The Navodaya Vidhyalaya and Navodaya Vidhyalaya Samiti work under the Department of Education under Ministry of Human Resources Development. Letter Annex. R/3 emanates from Ministry of Human Resources Development (Department of Education). Pursuant thereto, names of eligible candidates were invited from the employment exchange. The proforma notification dated 210.1987 has been produced by the respondents as Annex. R/11. It is mentioned in the proforma notification that the nature of vacancies is L.D.C. It also states the requisite qualifications. Place of work was stated to be Pachpadra City (Barmer). It also states the particulars regarding interview/test of applicant, which shall be held between 20th November, to 30th November, 1987. The calender which was shown in the said notification shows the date of itnerview/test to be 111.1987, time of interview to be 11 a.m., place of interview to be

S.D.O. Office, Balotra.

5. Pursuance to this notification, the names of the petitioners namely; Rajesh Pandey and Kishanlal Soni were forwarded to the Selection Authority and copy thereof was sent to the respective candidates, which is dated 11.1987, informing them to appear at the interview on 111.1987. The information letter by the employment exchange issued to the petitioners had been placed on record by the petitioners as Annexs. 1 and 2.

6. The next thing about which the petitioners heard about selection was that petitioner Rajesh Pandey received a letter dated 9.1.1988 issued by the Principal of the School informing him that on the basis of recommendations of the Selection Committee, he has been selected to the post of L.D.C in the pay scale of Rs. 950-1500 and that he will be allowed allowances and other benefits as per the Navodaya Vidhyalaya Samiti, New Delhi Rules and orders as amended from time to time and that the order of appointment shall be subject to the candidate being declared fit for the post of L.D.C. by a civil surgeon.

7. Notwithstanding there being no clue in the notification that the vacancy was for a temporary period or of temporary nature, the appointment was offered to the petitioner subject to his being declared fit by a civil surgeon, and it was stated that the appointment will be purely for six months which may be extended. This appointment continued until said Rajesh Pandey was offered appointment on regular basis vide Annex. 5 dated 11.1989 which clearly indicated that the appointment was with reference to interview held on 111.1987 and he was appointed as he was selected for appointment against temporary post of L.D.C. in Navodaya Vidhyalaya Samiti on an initial pay of Rs. 950-1500 and that he will draw allowances and other benefits in addition to pay at the rates admissible to the Navodaya Vidhyalaya employees and the offer of appointment is subject to the candidate being declared fit for the post of L.D.C. by a civil surgeon.

8. In the very similar format another letter was issued by Chairma