The main legal point established in the judgment is that Government Orders and proceedings must be issued in conformity with the statutory rules governing employment, and statutory rules framed under Article 309 of the Constitution of India are exhaustive and must be followed by the Appointing Authority.

1. By consent, all the writ petitions were taken up for final disposal and since common questions are involved, a common order is passed.

2. In all the three writ petitions G.O. Ms. No. 447 (Education, Science and Technology) dated 16.7.1996 is under challenge. In W.P. No. 10583 of 2007 in addition to that, the G.O. Ms. No. 241 (School Education Department) dated 22.9.2007 and the consequent proceedings issued by the second respondent in Na.Ka. No. 31055/D1/07 dated 15.11.2007 are also under challenge. The facts that are necessary for disposal of these writ petitions are as follows.

3. The petitioner society in W.P. No. 10583 of 2007 has got 107 members on its role and they are all unemployed persons having Diploma in Teacher Education. The members of the petitioner association in W.P. No. 8474 of 2007 and the petitioners in W.P. No. 6377 of 2007 are all similarly qualified unemployed persons. Admittedly from the year 1960, the recruitments of Secondary Grade Teachers in the Government schools, panchayat union schools and corporation schools in the State of Tamil Nadu were made at District level by calling for the names of eligible candidates from the respective employment exchanges. The selection was made by holding interview. However, the Government changed its policy of selection for recruitment in the year 1991. From then onwards, the interview was dispensed with and instead, selection was made on the basis of the seniority alone in the role of the respective local employment exchange. Then the Government issued G.O. Ms. No. 1251 Education dated 14.12.1992, by which, the selection of candidates for appointment to the post of Secondary Grade Teachers in Government, Corporation and Panchayat Union schools was entrusted to the Teachers Recruitment Board. Screening test was conducted by the Department of Government Examinations and based on the results of the same, final selection was made by the Teachers Recruitment Board by following rules of reservation, after conducting interview for the candidates who came out successful in the screening test. The selected candidates were appointed in various Districts, irrespective of their place of residence.

4. Subsequently, the Government issued G.O. Ms. No. 447 Education, Science and Technology dated 16.7.1996. The said G.O is thus:

5. The Government issued yet another order in G.O. Ms. No. 241 School Education Department dated 22.9.2007 ordering to fill up 7223 Secondary Grade Teachers posts by means of direct recruitment.

6. Based on the above said two Government Orders, the second respondent viz., the Director of Elementary Education has issued proceedings in Na.Ka. No. 31055/D1/2007 dated 15.11.2007, thereby issuing certain instructions in respect of selection procedure for appointment of Secondary Grade Teachers.

7. The above stated two Government Orders and consequent proceedings of the second respondent are under challenge in these writ petitions.

8. The common grounds raised in these writ petitions are as follows:

(i) The District-wiseselection for employment of Secondary Grade Teachers as provided under the impugned GOs and proceedings would promote large scale discrimination and lack of equal opportunity among the qualified candidates located in various districts which offends Articles 14, 16 (2) and 19(1) of the Constitution of India,

(ii) While the other classes-of teachers like Higher Secondary Head Masters, High School Head Masters, Post Graduate Assistants and B.T Assistants are made only at the State level and not at the district level, there is no reason as to why the posts of Secondary Grade Teachers alone should be made Districtwise.

(iii) When there is constitutional freedom and fundamental right to move freely through out the territory of India to reside any where, the selection of Secondary Grade Teachers made through the employment exchange based on the permanent residences is not in tune with the Constitution and it offends Article 19(1) of the