The Court established that in recruitment processes, merit must prevail over applicant preferences, ensuring compliance with the principles of equality and fairness as mandated by the Constitution.

COMMON ORDER:

In the present writ petitions, the Petitioners are questioning the non-consideration of their case for selection and appointment as School Assistants (SA) though they were qualified pursuant to notification No.01/Mega-DSC-TRC-1/2025 dated 20.04.2025 as illegal and arbitrary.

2. In these cases, after hearing the respective counsel at length, elaborate interim orders were passed directing the Respondents to consider the cases of the Petitioners for selection in the posts sought in this writ petition based on their merit. Questioning the same, Writ Appeals i.e W.A.Nos.1015 and 1016 of 2025 were filed by the Respondents and the same were disposed of on 16.09.2025. The interim orders were not interfered with.

3. Background facts: A notification being No.01/Mega-DSC- TRC-1/2025 dated 20.04.2025 was issued by Respondent No.2, wherein applications were invited for recruitment to the post of School Assistants (SA) and Secondary Grade Teachers (SGT) under various managements and also for the Trained Graduate Teachers (TGTs-Special Education), Secondary Grade Teachers (Special Education) and Physical Education Teachers (PET) in the department for the Welfare of Differently Abled Schools in the State.

4. The Petitioners having requisite qualifications appeared for the examination for the posts of School Assistant (SA) and Secondary Grade Teachers (SGT). In both the categories, the Petitioners stood for consideration for appointment as School Assistant (SA) and Secondary Grade Teachers (SGT) as per the general merit list issued by the Respondents.

5. After certificate verification, the Petitioners were informed that as per the order of preferences opted, they are eligible for appointment as Secondary Grade Teachers only but not as School Assistants (SA). It is also stated that the post of School Assistant is a promotional post to the post of Secondary Grade Teachers and despite securing meritorious marks, the Petitioners are sought to be appointed as Secondary Grade Teachers only on the basis of preference given at the time of application. The process of selection and examination for School Assistant (SA) and Secondary Grade Teachers (SGT) are independent and not common and Petitioners had paid separate examination fee of Rs.750/- and therefore they are entitled to make a choice subsequently also. It is also stated that as per the guidelines 24(d) of the notification, the allotment is to be made on the basis of merit cum roster and vacancy position and merit being the criteria for the entire selection process could not be relegated in consequential for the appointments merely because preferences offered by the Petitioners at the time of application cannot be altered. It is further stated that by virtue of the procedure adopted by the Respondents, the less meritorious are sought to be appointed as School Assistants, while the Petitioners who are being appointed in the feeder category of SGT. It is stated that the same is irrational and that the Petitioners are entitled for appointment as School Assistant. Hence, the present writ petitions are filed.

6. In the counte