The aforesaid Recruitment Rules provide for method of recruitment, payment of liabilities of the Board and management of Elementary Schools.
Civil Appeal Nos.
Civil Appeal No.
They filed writ petitions in the Gauhati High Court, which was pending before the learned Single Judge.
Against the said judgment of the learned Single Judge, the teachers had carried appeal to the Division Bench and the Division Bench by judgment dated 24th May, 1995, having dismissed the appeal, the appellants are before this Court, special leave having been granted.
Civil Appeal Nos.
Civil Appeal Nos .296/99, 279 285/99 and 286/99 are by some of the teachers in the primary schools, who were appointed on 29.9.94 and their services stood terminated by the order dated 20th December, 1994.
But those appointments were cancelled by the State Government, after giving show cause numberice to the appellants inasmuch as the appointments had been made, though numberposts were available and the appointments had been made, number in accordance with the prescribed procedure.
In all these appeals, the appellants claimed to have been appointed as Assistant Teachers of different Primary Schools in the State of Assam.
i Method of recruitment.
When the Division Bench was in session on writ appeal filed by the State, as stated earlier, the said Division Bench withdrew the writ petitions filed by the appellants from the Single Judge and disposed them of, by the companymon order which is being assailed in these appeals.
The State had assailed the legality of the order of the learned Single Judge by filing writ appeal and the Division Bench having allowed the writ appeal and this Court against the said order having granted special leave, the present appeal is before us.
There shall be a Selection Committee in each educational sub Division to be companystituted by the Sub Divisional Level Advisory Board for Elementary Education.
Rule 3 of the Recruitment Rules provides the method of recruitment.
The said Rule 3 is extracted hereunder in extenso Rule 3.
The order of cancellation had been assailed in the High Court by filing writ petition and the learned Single Judge by a cryptic order, without focusing attention to the relevant criteria, allowed the same.
A candidate shall furnish the certificates of character from a the Principal, Academic Officer of the School College last attended by the candidate and b a respectable person who is well acquainted with number related to the candidate.
Civil Appeal No.
The recruitment to the post of Primary Schools is governed by a set of rules called the Assam Elementary Education Provincialisation Rules, 1977 for short the Recruitment Rules which had been framed by the Governor of Assam in exercise of powers companyferred by Section 27 of the Assam Elementary Education Provincialisation Act, 1974.
278/99 and in these appeals also, the order of the Division Bench of the Gauhati High Court is under challenge.
Character.
While approving the list, the Board shall be guided by the declared policies of the Government and instructions issued by the Government from time to time.
278 of 1999, the appellants had been appointed as Assistant Teachers of Primary Schools in the year 1990.
279 285/99 are also by some of the teachers, who were appointed and whose services stood terminated and they had assailed the order of termination by filing a writ petition before the learned Single Judge, which was brought over by the Division Bench and disposed of, along with the batch of other appeals.
287/99 In this appeal, the teachers before any order of termination, apprehending termination had approached the High Court and while the matter was pending before the learned Single Judge, the writ petition stood transferred to the Division Bench and the Division Bench also disposed of the same by the companymon order.
288 294/99 The facts in these appeals are similar to the facts in Civil Appeal No.
295/99 In this appeal against the order of termination, the teachers had approached the High Court by filing a writ petition and the learned Single Judge by his judgment dated 28th of April, 1994 in Civil Rule No.
There shall be reservation of posts for Scheduled Castes and Scheduled Tribes as per Rules made by Government from time to time.
The Chairman of the Sub Divisional Level Advisory Board for Elementary Education and the D.I. of Schools shall be the Chairman and Secretary of the Selection Committee respectively.
The Upper age limit shall be relaxed in favour of Scheduled Castes and Scheduled Tribes as per Rules made by Government.
Selection Committee.
In Civil Appeal No.
In the month of January every year the D.I. shall invite applications in prescribed form for vacancies of elementary school teachers which are likely to occur in the year in his establishment.
LITTTTTT.JJUDGMENT PATTANAIK,J. In this batch of appeals, the judgment of the Division Bench of Gauhati High Court is under challenge.
a A candidate shall be within the age limit on 1st January of the year of recruitment as prescribed by Government.
physical fitness.
