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Judgment
G.C. Bharuka, J.—There are two Petitioners in this writ application, who are aggrieved by two orders dated 14-11-90 and 19-11-90 as contained in Annexure-1 to this application by which the services of the Petitioners have been terminated on the ground that their appointment was contrary to the recruitment rules and have been made in an illegal and unauthorised manner.
According to the Petitioners they had been appointed as peons in the Project Girls High School, Sahebganj (Muzaffarpur) on the basis of a request made by the Headmistress of the school to the District Education Officer, Muzaffarpur. The letters of request are contained in Annexures ''2'' and ''3'' to this application. The letters of appointment of the Petitioners are at Annexures ''4'' and ''5''.
A counter affidavit has been filed in this case on behalf of the Respondent No. 3. In the counter affidavit, it has been stated that according to the recruitment policy laid down by the State Government under its memo No. 16441 dated 3-12-1980, class IV employees can be appointed only on the basis of a panel prepared by a District Level Committee under the presidentship of the District Magistrate. Admittedly the recruitment rules laid down by the Government has not been followed in this case. The District Education Officer was not authorised to make any appointment of the nature as reflected in the present case. In any view of the matter, from the appointment letters themselves, it is apparent that the appointment of the Petitioners was made on a purely temporary basis by way of a stop-gap arrangement.
In the above view of the matter, in my opinion, it is not a fit case for interference by this Court under Article 226 of the Constitution of India. This writ application is accordingly, dismissed.
Shamim Ahsan, J.
I agree.