JUDGMENT

All the petitions are being disposed of by a common judgment since common questions of law and fact are involved.

BACKGROUND:

2. In the State of Tripura recruitment to the posts of teachers was not done with the urgency that is required. Advertisements were issued thrice inviting applications for filling up the posts of undergraduate, graduate and postgraduate teachers. The undergraduate teachers are supposed to teach the primary classes, the graduate teachers are supposed to teach the higher classes and postgraduate teachers are to teach specialized subjects.

3. Rules for filling up the post of Assistant Teachers in the Primary Schools/Jr. Basic Schools were framed as far back as 07.10.1970 and as per these rules, the essential qualifications for filling up the posts in the regular pay scale were trained Matriculate or higher secondary or Pre-University or untrained undergraduate or graduate. In case of appointment to the fixed scale, untrained Matriculates were also eligible.

4. The first advertisement was issued on 29.10.2002 wherein 1000 posts of Graduate Teachers, 500 posts of Undergraduate Teachers and 100 posts of Kak Barak Teachers were advertised. Kak Barak is the language spoken by the tribals of Tripura. As per this advertisement, the eligibility criteria was graduation in Science, Arts or Commerce in respect of Graduate teachers. For undergraduate teachers, the minimum educational qualification was Madhyamik (10th) pass. Even people who had failed in the old course of Higher Secondary (11th) were eligible. Thus, minimum qualification was having passed Class-X. In respect of Kak Barak teachers for all candidates other than the Scheduled Tribes, the minimum educational qualification was again Madhyamik pass, but in case of Scheduled Tribes it was Madhyamik appeared and most importantly, every candidate was to have an ability to read, write and speak Kak Barak. Thousands of people applied pursuant to this advertisement, but the posts were not filled in.

5. On 05.04.2006, again the posts were re-advertised. This time, there were 962 posts of Graduate teachers, 389 posts of Undergraduate teachers and 100 posts of Kak Barak teachers. The qualifications were the same, but all the posts were now invited in the fixed pay scale. There is no explanation as to why the number of posts fell during this period of 4(four) years. In any event, no recruitment was made even pursuant to this advertisement and another advertisement was issued on 23.09.2009, in which 4856 posts of Graduate teachers, 4629 posts of Undergraduate teachers and 99 posts of Kak Barak teachers were advertised. In this advertisement, surprisingly, in respect of Kak Barak teachers, the qualifications were changed from ability to read, write and speak Kak Barak to only ability to speak Kak Barak.

6. Candidates who applied in the year 2002 and 2006 pursuant to the earlier advertisements were not required to apply again, but were supposed to appear before the Interview Board. However, those candidates who had obtained higher qualification meanwhile and wanted to apply for the higher posts were required to apply again. The age limit was 18 to 37 years in respect of unreserved category and the upper age limit was 42 years in respect of Scheduled Castes, Scheduled Tribes, Physically Handicapped Persons and in-service Government employees. One time relaxation of age was also given to those candidates who had applied earlier if they wanted to have their candidature considered in respect of the same post as earlier.

7. As far as Postgraduate teachers are concerned, similar advertisements were issued in 2002 and 2006 and the last advertisement was issued on 23.09.2009 inviting applications from candidates who were Postgraduates or had an Honours degree in Science, Arts or Commerce. Other conditions were similar.

8. Pursuant to the aforesaid advertisements, 12,050 applicants applied for 1102 posts of Postgraduate teachers. 42,841 applicants applied for 4