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Judgment
These matters are listed in the “Prioritized Cases” category.
We have heard the learned Advocates for the parties.
By these Writ Petitions, a challenge was raised to the Circular dated 17/01/2001. By the said Circular, it was directed that every Private Secondary School would appoint 75% teachers having qualification of the primary teachers and 25% teachers who are graduates.
Writ Petition No. 1331 of 2004 was admitted on 05/07/2004, Writ Petition No.849 of 2006 was admitted on 18/04/2006 and Writ Petition No. 10 of 2007 was admitted on 30/04/2008. Interim relief was granted in terms of the relief that was granted in Writ Petition No.1429 of 2002. As a result, graduate teachers who had been appointed on undergraduate Classes, continued to discharge duties as such. Today, it is informed that these teachers have discharged duties for the period from 2005 to 2008 on the post reserved for undergraduate teachers. Since 2008 they are discharging duties as graduate teachers on the requisite posts.
In view of the above, we find that the issue raised in the Writ Petitions is now rendered of an academic interest especially in the light of the fact that the teachers have discharged their duties pursuant to the interim orders dated 18/04/2006 in Writ Petition No. 849 of 2006, dated 30/04/2008 in Writ Petition No. 10 of 2007 and dated 05/07/2004 in Writ Petition No. 1331 of 2004.
In view of the aforesaid, the Writ Petitions are partly allowed in terms of the interim orders. The entitlement of the aforesaid teachers to any further benefits/pensionary benefits shall not be denied only on the ground that during the period from 2005 to 2008, they have discharged their duties on the post meant for undergraduate teachers. Subject to their entitlement, they would be entitled to all the service benefits.
Rule is made partly absolute in the aforesaid terms with no order as to costs.