9065, 9863, 10773 76 of 1983.
Appeals by Special leave from the Judgments and Orders dated the 11th September, 1979 and Ist August, 1979 of the Allahabad High Court in Civil Misc.
694 of 1980.
Thereupon The Sangh along with some of the applicants for the vacant posts who had filed writ petitions in the High Court challenging the validity of U.P. ordinance No.10 of 1978 filed in the Allahabad High Court the said Civil Miscellaneous Writ No.
9174 of 1978 challenging the validity of U.P. Ordinance No.
694, 909, 911, 912, 2307 of 1980, 2931 32 of 1979 and 4 of 1981.
Markandeya for Respondents 1 to 7 in CA.
909, 911, 912 of 1980 and 2307 of 1980.
8 and 4 In CA.
With Writ Petitions Nos.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
Under Article 32 of the Constitution of India U. Mehta, S.K. Sabharwal and D.R. Gupta for the Appellants in CA.
D,R. Gupta and P.K. Chakravarty for the Appellants in CA.
Shivpujan Singh for the Appellant in CA.
4334 of 1980.
912 of 1980 and W.P. No.
Anit Dev Singh and S.K. Sabharwal for the Petitioners in WP.
1221 29 1235, 1340 41, 1498, 1572, 1681 82 of 1979, 22, 203, 363 of 1980, 1687, 434 of 1981.
4 of 81.
In these Appeals and Writ Petitions interim orders staying the operation of termination orders have been passed by this Court.
C. Aggarwala and M.M. Srivastava for Respondent No.
Meera Agarwal and R.C. Misra for Respondent Nos.
K. Jain, Ravi Prakash Gupta and R.P. Singh for Respondent No.
On behalf of the Sangh, which was the only companytesting Respondent before us, the same arguments which had found favour with the High Court were advanced before us.
Nil, 7045, 7043, 7039, Nil, 7042, 7046 and 4047 of 1979.
22 of 1978 and the said telex.
1221 1229, 1340 41, 1681 82, 2931 32 of 1979.
12 in CA.
22 of 1978 were number violative of either Article 14 or 16 1 of the Constitution, It was further submitted that the reserve pool teachers, all of whom possessed the requisite qualifications, formed a separate and distinct class by reason of the service they had rendered to the State in general and to the educational system in Uttar Pradesh in particular in difficult circumstances and, there fore, they were more suited to be appointed to the posts which had fallen vacant in recognized institutions and which were to be filled by direct recruitment than those who had number rendered such service.
The other writ petitions filed by teachers whose services had been terminated were dismissed following this judgment.
R. Gupta, P.K. Chakravarty and S.S. Jauhar for the Petitioners in W.P. Nos.
Gopal Subramanium and Mrs. Shobha Dikshit for the Respondent State of U.P. R K. Garg, R.K. Jain and P.K. Jain for Respondent.
4 of 1981.
By an interim order made in the said writ petition further operation of U.P. Ordinance No.22 of 1978 was stayed by the High Court.
2931 32 of 1979.
P. Nos.
The Additional Director of Education acting in pursuance of the said order of the State Government issued letters dated May 29, 1979, to all Inspectors directing them that the services of the teachers appointed from the reserve pool companyld number be companytinued the further in view of the said decision of the High Court and that posts should be filled afresh by the process of direct recruitment.
Several teachers from the reserve pool whose services were so terminated filed writ petitions in the Allahabad High Court companytending that the termination of their services was illegal inasmuch as in respect of those who were appointed under U.P. Ordinance No.22 of 1978, they were number parties to the Sanghs petition and, therefore, the judgment in that case was number binding upon them and that in the case of those who were appointed under U.P. Ordinance No.10 of 1978, that ordinance had number been declared void by the High Court.
Shanti Bhushan and S.S. Jauhar for the Appellants in CA.
1235 of 1979.
Thereupon letters were issued by the Committees of management to the teachers appointed from the reserve pool referring to the said orders and intimating to them that their services would companytinue only upto the end of the academic session, that is, upto May 30, 1979, and thereafter would stand terminated.
