IMPORTANT POINT
The appointment of the petitioners was found to be irregular but not illegal. The State respondents were bound to consider the recommendation of the Special Class-III DPC, which was constituted on the basis of a Cabinet decision.

JUDGMENT

The Department of Personnel and Administrative Reforms (Personal Division) issued a Notification dated 18.10.1995 notifying “Department of Education (Schools), Manipur (Primary Teacher Recruitment Rules, 1995)” (Rules of 1995 in short) under proviso to Article 309 of the Constitution of India wherein the qualification for Primary Teachers has been shown as Higher Secondary or Pre University (2 Yrs. course) or its equivalent from a recognized University/Board.

WP(C) No.73 of 2019

[2] The petitioner No. 1 was appointed as Science Graduate Teacher on Adhoc basis for a period of 3(three) months by order dated 23.1.1999. The petitioner No. 2 was appointed as Primary Teacher on adhoc basis by order dated 16.6.1997 for a period up to 12.09.1997. The petitioner No. 3 was appointed as Science Graduate Teacher on adhoc basis for a period of 3(three) months by order dated 20.1.1999. The petitioner No. 4 was appointed as Assistant Science Graduate Teacher on adhoc basis for a period of 6(six) months by order dated 2.2.1999. The petitioner No. 5 was appointed as Assistant Science Graduate Teacher on adhoc basis for a period of 6 (six) months by order dated 7.11.1998. The petitioner No.6 was appointed as Primary Teacher for a period of 3(three) months on adhoc basis by order dated 22.1.1999. The petitioner No.7 was appointed as Primary Teacher on adhoc basis for a period of 3(three) months by order dated 28.10.1998. The petitioner No.8 was appointed as Assistant Science Graduate Teacher on adhoc basis for a period of 3(three) months by order dated 30.1.1999. The petitioner No.9 was appointed as Assistant Arts Graduate Teacher on adhoc basis for a period of 3(three) months by order dated 1.2.1999 and the petitioner No.10 was also appointed as Primary Techer on adhoc basis for a period up to 12-09-1997 by order dated 16.6.1997. All the petitioners were appointed on adhoc basis against substantive vacancies.

WP(C) No.26 of 2018

[3] The petitioner was also appointed as Assistant Science Graduate Teacher on adhoc basis for a period of 3(three) months by order dated 22.1.1999 against a substantive vacancy.

[4] All the petitioners in both the writ petitions are serving as Primary/Under Graduate/Graduate Teachers/Science Graduate Teachers/Arts Graduate Teachers in the Department of Education (S), Government of Manipur for the past 20-23 years. All the petitioners were qualified in terms of the Rules of 1995. The services of the petitioners were extended from time to time.

[5] The Government of Manipur issued Office Memorandum dated 4.5.2007 on the subject of Discontinuation of Graduate Adhoc Teachers under the Education (S) Department, Manipur with immediate effect and the same reads as under:

“GOVERNMENT OF MANIPUR

OFFICE OF DIRECTOR OR EDUCATION(S)

OFFICE MEMORANDUM

Imphal, the 4th May, 2007

Subject: Discontinuation of Graduate ad-hoc teachers in the Education (S) Department, Manipur with immediate effect.

No.4/17/2005-SE(S)Pt: Whereas, Government took a policy decision to fill up all the posts held by ad-hoc(s) on regular basis through open competition or by regular promotion whenever it is applicable:

2. Whereas, the ban on direct recruitment was lifted sometime in the later part of 2005 in respect of Education and Health Sector;

3. Whereas, pursuant to the aforesaid policy decision and lifting of ban, all the available posts of Graduate Teachers, both Science and Arts, numbering about 663 were filled on regular basis on the recommendation of a duly constituted DPC/selection committee vide order No.3/43-ADHOC/2006- ED(S) dated 19.4.2007 and, thereafter, all the regular appointees have been posted against the available vacancy including the posts held by ad-hoc employees’

4. Whereas, consequent upon the filling up of vacant Graduate posts (Science and Arts) by the duly appointed Graduate Teachers, no vacant post is left for direct recruitment in the grade of graduate teacher and as such, all the ad-hoc Graduate teachers (both Science and Arts) shall be