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Judgment
Prafulla C. Pant, C.J.—Heard.
This writ appeal is directed against the judgment and order dated 11.07.2013, passed by the learned single Judge in WP(C)No. 249 of 2010, whereby, said Court has allowed the writ petition and directed the respondents (present appellants) to consider the cases of the writ petitioners in the light of the observations made by the Apex Court in State of Haryana and others Vs. Piara Singh and others etc. etc., .
The brief facts of the case are that the writ petitioners (present respondents) were ad hoc teachers appointed in the State of Meghalaya. They challenged the orders dated 07.03.2009, 27.03.2009 and 21.12.2009 terminating their appointments. It is pleaded by them in the writ petition that they had worked for almost ten years in the State.
It is argued on behalf of the respondents(writ petitioners) that by terminating the appointments of ad hoc teachers, another set of ad hoc teachers cannot be appointed. In reply to this, learned counsel for the State/appellants submitted that the writ petitioners did not fulfill even the prescribed qualification for the posts. It is also relevant to mention here that the appointments of new ad hoc teachers have been challenged by the writ petitioners without impleading them as respondents.
Learned single Judge has quoted the observations made by the Apex Court in the State of Haryana and others Vs. Piara Singh and others etc. etc., and directed the State Government to reconsider the cases of the writ petitioners.
But in view of the judgment of the five Judges Bench of the Supreme Court in Secretary, State of Karnataka and Others Vs. Umadevi and Others, , the decision of State of Haryana and Ors. v. Piara Singh and Ors. (supra) stands expressedly overruled. As such, learned single Judge has erred in law in following the said case (State of Haryana v. Piara Singh) to issue the direction as contained in the impugned order.
Therefore, this writ appeal is allowed, and impugned judgment and order dated 11.07.2013, passed in WP(C)No. 249 of 2010, is hereby set aside. The writ petition stands dismissed.