TMI Blog1984 (7) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... rs) (Second) Ordinance, 1978 (U P2 Ordinance No. 22 of 1978), which had been struck down by a Division Bench of the Allahabad High Court by its judgment delivered on December 22, 1978, in Civil Miscellaneous Writ No. 9174 of 1978- Uttar Pradesh Madhyamik Shikshak Sangh and Others v. State of Uttar Pradesh and Others(1) on the ground that its provisions were violative of Articles 14 and 16(1) of the Constitution of India; the subsidiary questions being whether the termination of the services of the Appellants and Petitioners as secondary school teachers and intermediate college lecturers following upon the said Allahabad High Court judgment is valid and if not, the reliefs to which they are entitled. We will first set out the circumstances which led to the promulgation of the above two Ordinances and then narrate the events subsequent thereto. The educational institutions in the State of Uttar Pradesh teaching upto the high school and intermediate classes fall into three categories, namely, (1) institutions managed and conducted by the Central Government; (2) institutions managed and conducted by the State Government and local bodies ; and (3) institutions managed and cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of teachers and heads of institutions. Under sub-section (1) of 16-E, the head of institution and teachers of an institution are to be appointed by the Committee of Management in the manner provided in the said section. Under sub-section (2), every post of head of institution or teacher of an institution is except to the extent prescribed by the Regulations for being filled by promotion, to be filled by direct recruitment after intimation of the vacancy to the Inspector which term is defined by clause (bb) of section 2 as meaning the District Inspector of Schools, and in relation to an institution for girls, the Regional Inspectress of Girls' Schools, as the case may be, and in each case includes an officer authorised by the State Government to perform all or any of the functions of the Inspector under the Intermediate Education Act. After intimation of the vacancy to the Inspector, advertisement of the vacancy, containing such particulars, as may be prescribed by the Regulations, is to be published in at least two newspapers having adequate circulation in the State. Sub-section (3) prohibits any person from being appointed as head of institution or teacher in an instit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the appointment of Head of Institution, and the Director in the case of the appointment of teacher of an institution, is satisfied that any person has been appointed as Head of Institution or teacher, as the case may be, in contravention of the provisions of this Act, the State Government or, as the case may be, the Director may, after affording on opportunity of being heard to such person cancel such appointment and pass such consequential order as may be necessary. Section 16-F provides for the constitution and composition of two Selection Committees, one for the appointment of the head of an institution and the other for the appointment of a teacher in an institution. The only other section which needs be referred to is section 16-G. Section 16-G provides for the conditions of service of heads of institutions, teachers and other employees. Under sub-section (1), every person employed in a recognized institution is to be governed Regulations. Any by such conditions of service as may be prescribed by the regulations. Any agreement between the management and such employee in so far as it is inconsistent with the provisions of the Intermediate Education Act or the Regula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Education, Uttar Pradesh, or by the Board of High School and Intermediate Education, Uttar Pradesh, or service under a University incorporated by or under an Uttar Pradesh Act. Sub-section (1) of section 3 of that Act confers upon the State Government the power, by general or special order, to prohibit strikes in any essential service specified in the order if the State Government is satisfied that in the public interest it is necessary or expedient to do so. Under sub-section (2) of section 3, such order is to be published in such manner as the State-Government considers best calculated to bring the order to the notice of the persons affected by it. Under sub-section (4) of section 3, during the period of the operation of such an order any strike by persons employed in any essential service to which the order relates is illegal, whether such strike is declared or commenced before or after the commencement of the order. Under section 4 of that Act, any person who commences a strike which is illegal under that Act or goes or remains on or otherwise takes part in any such strike becomes liable to imprisonment for a term which may extend to six months or with fine which may ext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of section 4 of the U.P. Act No. 24 of 1971 as amended by the said Ordinance directed the teachers on strike or otherwise taking part in the strike prohibed under section 3 of U.P. Essential Services Maintenance Act to resume duty by 11 a.m. on January 5. 1978. One of the striking teachers thereupon filed a writ petition in the Allahabad High Court challenging the validity of the said U.P. Ordinance No. 25 of 1977 and said notification issued under the amended section 4 of the U.P. Act No. 24 of 1971. The High Court extended the joining time for the striking teachers until January 9, 1978. In spite of the order of the High Court, the teachers who had gone on strike or at least a large number of them, namely, 2257 teachers, did not resume duty. Accordingly their contracts of employment became void and in order to fill the posts, 2257 persons, including the Appellants and Petitioners before us, possessing the requisite qualifications for discharging the duties of the posts of such that teachers were appointed on temporary basis between January 9, 1978. and January 19, 1978. Thereafter a settlement took place between the striking teachers and the Government and the services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Teachers and Other Employees) Act, 1971, while the said U.P. Ordinance No.25 of 1977 was in force and who had actually joined their duties in pursuance of the said provision between January 9, 1978, and January 19, 1978. Sub-section (2) of section 4 of U.P. Ordinance No.10 of 1978 provided as follows: (2) Where any substantive vacancy in the post of a teacher in an institution recognised by the Board is to be filled by direct recruitment, such post shall at the instance of the Inspector be offered by the Management to a teacher whose name is entered in the register referred to in sub-section (1). Other sub-sections of section 4 provided that if any teacher who was offered appointment failed to join the post within the time allowed therefore, his name should be removed from the register of reserve pool teachers and the appointment should be offered to another reserve pool teacher of the same district and that if such other teacher also failed to join the same process should be repeated until the list of reserve pool teachers of that district was exhausted and thereupon the appointment in the institution was to be made in accordance with the relevant provisions of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of an Act are referred to as sections and the sub-divisions of a section which are numbered in round brackets are referred to as sub-sections. Each section as also a part of a section of an Act is considered as a separate enactment. Ridley, J. observed in The Wakefield and District Light Railway Company v. The Wakefield Corporation, the word 'enactment' does not mean the same thing as 'Act'. Act means the whole Act, whereas a section or part of a section may be an enactment . In England, prior to 1850 it was the usual practice to preface each portion of an Act- what we would now call a section-with the words And be it enacted or And be it further enacted . By section 2 of Lord Brougham's Act of 1850, namely, Interpretation of Acts, 1850 (13 and 14 Vict. c.2), this requirement was done away with and it was provided that all Acts shall be divided into sections if there be more enactments than one, which sections shall be deemed to be substantive enactments without any introductory words . The Act of 1850 was repealed by the interpretation Act, 1889 (52 and 53 Vict. c.63), and the requirement of section 2 of the 1850 Act as to division of an Act into se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egislative power. Coke in The Institutes of the Laws of England , Part IV at page 24, however, made a distinction between an Act of Parliament and an Ordinance in Parliament. He said: There is no act of parliament but must have consent of the lords, the commons, and the royal assent of the king, and as it appeareth by records and our books whatsoever passeth in parliament by this three- fold consent, hath the force of an act of parliament. The difference between an act of parliament, and an ordinance in parliament, is, for that the ordinance wanteth the three-fold consent, and is ordained by one or two of them. (Orthography modernized) Thus, the enactments which were passed during the period between the outbreak of the Civil War in England in 1642 and the Restoration (of King Charles II) in 1660 were all passed without the consent of the Crown and are known as Ordinances. In India, all laws made prior to the enactment of statute 3 and 4 Wm IV c. 85 of 1833 were called Regulations. The Statute of 1833 superseded the existing powers of the Councils of Madras and Bombay to make laws and merely authorized them to submit to the Governer-General-in-Council drafts or projects ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the General Clauses Act read with clause (54) of section 3 thereof would show that it would not be wrong phraseology, though it may sound inelegant, to refer to a provision of an Ordinance as section and to a sub-division of such provision, numbered in round brackets, as sub- section . Almost all States, including Uttar Pradesh, have their own General Clauses Acts which apply for the purposes of interpretation of their own Acts. The Act in force in the State of Uttar Pradesh is the Uttar Pradesh General Clauses Act 1904 (U.P. Act 1 of 1904) Section 4 of that Act is the definition in clause and applies to all Uttar Pradesh Act unless there is anything repugnant in the subject or context. The expression Uttar Pradesh Act is defined in clause (46) of section 4. Clauses (40) and (43) of section 4 define the terms section and sub-section in language identical with that used in clauses (54) and (61) of the General Clauses Act, 1897. Section 30 of the U.P. General Clauses Act, inter alia, provides that the provisions of that Act shall apply in relation to an Ordinance promulgated by the Governor under section 88 of the Government of India Act, 1935, as they apply in relati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have, therefore, ceased to operate on or about October 17, 1978. When the said writ petitions reached hearing they were dismissed on the ground that they had become infructuous as U.P. Ordinance No. 10 of 1978 had lapsed. Meanwhile, on October 7, 1978, the Governor of Uttar Pradesh promulgated the Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) (Second) Ordinance, U.P. 1978 (U.P. Ordinance No. 22 of 1978) (hereinafter referred to as Ordinance No. 22 of 1978 ). U.P. Ordinance No. 22 of 1978 repealed U.P. Ordinance No. 10 of 1978 and was given retrospective effect on and from June 24, 1978 (the date of U.P. Ordinance No. 10 of 1978), and it was also provided that notwithstanding the repeal of U.P. Ordinance No. 10 of 1978, anything done or any action taken under that Ordinance should be deemed to have been done or taken under U.P. Ordinance No. 22 of 1978 as if that Ordinance were in force at all material times. The provisions of U.P. Ordinance No.22 of 1978 were in Pari materia with those of U.P. Ordinance No. 10 of 1978. The only additional provision in U.P. Ordinance No. 22 of 1978 were that this Ordinance made it lawful for the State Government t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... articularly in view of the fact that a State ordinance had been struck down by the High Court as being unconstitutional and as a result of that judgment 1,157 teachers who had been put in the reserve pool had been deprived, some of their livelihood and others of their chance of livelihood. Instead, the State Government accepted the High Court Judgment and by an order dated May 11,1979, directed that the services of the reserve pool teachers could not be continued as the High Court had declared U.P. Ordinance No. 11 of 1978 to be unconstitutional and further ordered that no fresh appointment should be made from the reserve pool and no special weightage should be given to teachers in the reserve pool in the matter of future appointments. 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 could not be continued 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. The Inspectors in their turn communicated to the Committees of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n filed by the reserve pool teachers who were petitioners before the Allahabad High Court in those writ petitions. The Petitioners in the Writ Petitions before us are some of the reserve pool teachers whose services were terminated as a result of the judgment of the High Court in the Sangh's case and who have directly approached this Court as also some of the reserve pool teachers who could not be appointed in the vacancies which had occurred because of the interim orders passed by the High Court in writ petitions challenging the validity of either U.P. Ordinance No. 10 of 1978 or U.P. Ordinance No.22 of 1978. In these Appeals and Writ Petitions interim orders staying the operation of termination orders have been passed by this Court. The judgments under appeal merely followed the decision of the High Court in the Sangh's case. If U.P. Ordinance No.22 of 1978 were void, it must necessarily follow that U.P. Ordinance No.10 of 1978 was also void as the provisions of both these ordinances were in pari materia and in such event all appointments made under either of these two ordinances were ab initio bad in law. Sub-section (3) of section 16-G of the Intermediate Education A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spose of the Sangh's writ petition without insisting upon the reserve pool teachers being made respondents to that writ petition, or at least some of them being made respondents in a representative capacity, and had the petitioners refused to do so, ought to have dismissed that petition for non-joinder of necessary parties. The second defect was in one of the main reliefs asked for. The first two prayers in the said petition were the substantive prayers and were as follows: (i) To issue writ, order or direction in the nature of certiorari calling for the records of the case and quashing the U.P. Ordinance No. 11 of 1978 and the telex dated 18th October 1978 of Education Secretary, U.P., Lucknow and telex dated 19th October 1978 of the Additional Director of Education, Uttar Pradesh, Allahabad. (ii) To issue a writ of mandamus, order or direction in the nature of mandamus directing the Respondents not to implement the ordinance No.22 of 1978 or to make any appointment on the basis of ordinance No.22 of 1978. While there can be no fault found with the second prayer, it is somewhat astonishing to find a prayer asking for a writ in the nature of certiorari calling fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y information be provided for him. We find in DeSmith's Judicial Review of Administrative Action , 4th edition, page 587, some interesting instances where writs of certiorori were so issued. Thus, these writs were addressed to the escheator or the sheriff to make inquisitions: the earliest being for the year 1260. Similarly, when Parliament granted Edward II one foot-soldier for every township, the writ addressed to the sheriffs to send in returns of their townships to the Exchequer was a writ of certiorari. Very soon after its first appearance this writ was used to remove to the King's Court at Westminster the proceedings of inferior courts of record: for instance, in 1271 the proceeding., in an assize of darrein presentment were transferred to Westminster because of their dilatoriness. This power was also assumed by the Court of Chancery and in the Tudor an early Stuart periods a writ of certiorari was frequently issued to bring the proceedings of inferior courts of common law before the Chancellor. Later, however, the Chancery confied its supervisory functions to inferior courts of equity. In A New Abridgement of the Law , Seventh Edition, Volume II at pages 9 and 19, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nineteenth century the writs came to be used to control the exercise of certain administrative functions by local and central government authorities which did not necessarily act under judicial forms. By the Administration of Justice (Miscellaneous provisions) Act, 1938 (I and 2 Geo. 6 c.63) a more expenditious procedure was introduced under which instead of writs, orders of mandamus prohibition and certiorari are to be issued and the writ of quo warranto was abolished and its place an injunction is to issue against the usurper to the office in question restraining him from acting in that office and, if the case so requires, declaring that office to be vacant. These were, however, procedural changes only. By order 53 of the Rules of the Supreme Court, 1965, substituted for the old order 53 by Rules of Supreme Court (Amendment No.3), 1977 (S.1. 1977 No.1955), far reaching changes, not merely in the form but in the substance of procedural law, were introduced whereby reliefs by way of mandamus, prohibition, certiorari, declaration and injunction have been joined together under the general head of `judicial review' for which an application can be made for any or all of these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, namely, the Fundamental Rights. Referring to Article 226, this Court in Dwarka nath, Hindu Undivided Family v. Income Tax officer, Special Circle. Kanpur and another(1) said: This article is couched in comprehensive phraseology and it ex-facie confers a wide power on the High Courts to reach injustice wherever it is found. The Constitution designedly used a wide language in describing the nature of the power, the purpose for which and the person or authority against whom it can be exercised. It can issue writs in the nature of prerogative writs as understood in England but the scope of those writs also is widened by the use of the expression `nature', for the said expression does not equate the writs that can be issued in India with those in England, but only draws an analogy from them, That apart High Courts can also issue directions, orders or writs other than the prerogative writs. It enables the high Courts to mould the reliefs to meet the peculiar and complicated requirements of this country. Any attempt to equate the scope of the power of the High Court under Art. 226 of the Constitution with that of the English Courts to issue prerogative writs is to introduce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of this writ it should have been asked for in the Sangh's petition. As pointed out in Dwarkanath's case, under Article 226 the High Courts have the power to issue directions, orders and writs, including prerogative writs, This power includes the giving of declarations as also consequential reliefs including relief by way of injunction. The proper relief for the petitioners in the Sangh's petition to have asked was a declaration that U.P. Ordinance No, 22 of 1978 was unconstitutional and void and, if a consequential relief was thought necessary, a writ of mandamus or writ in the nature of mandamus or a direction, order or injunction restraining the State and its officers from enforcing or giving effect to the provisions of that ordinance. The High Court granted the proper relief by declaring that Ordinance to be void but it should have, before proceeding to hear the writ petition, insisted that the petitioners should set their house in order by amending the petition and praying for proper reliefs. The High Court was too indulgent in this matter. After all, it was not a petition from a Prisoner languishing in jail or from a bonded labourer or a party in person or by a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing through the procedure for filling vacancies prescribed by section 16-E of the Intermediate Education Act and that mere service rendered by them during the period of the strike in the recognized institutions did not set them apart as a separate class. The High Court further held that if the vacancies which had occurred were filled only by appointing teachers from the reserve pool, these teachers would block the chances of promotion of other teachers in the Licentiate Teachers' Grade who were already working in such institutions. The arguments based on the reasoning of the High Court advanced before us on behalf of the Sangh were interlarded with vehement and vociferous professions of the concern felt by the Sangh for the maintenance of a proper educational system in the recognized institutions in Uttar Pradesh. After the major part of the arguments was concluded, at the suggestion of learned Counsel appearing for all parties, further hearing of these matters was adjourned to enable the state to find out a workable solution. When the matter next reached hearing the state expressed its inability to suggest any solution. This was not surprising because in view of the judgment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of India irrespective of differences of circumstances. It only means that all persons similarly circumstanced should be treated alike and there should be no discrimination between one person and another if as regards the subject-matter of the legislation, their position substantially the same. By the process of classification, the State has the power to determine who should be regarded as a class for the purposes of legislation and in relation to a law enacted on a particular subject. The classification to be valid, however, must not be arbitrary but must be rational. It must not only be based on some qualities or characteristics which are to be found in all the persons grouped together and not in others who are left out but those qualities or characteristics must have a reasonable nexus or relation to the object of the legislation. In order to pass the test,: two conditions have to be fulfilled, namely (1) that the classification must be founded on an intelligible differention which distinguishes those that are grouped together from others, and (2) the differentia must have a rational nexus or relation to the object sought to be achieved by the legislation (see In re The Special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection (2) of section 4 of U.P. Ordinance No.10 of 1978 as also of U.P. Ordinance No.22 of 1978 expressly provided that the reserve pool teachers were to be appointed only to those vacancies in recognized institutions which were to be filled by direct recruitment. There was thus no question of a vacancy to be filled by promotion being filled by any teacher in the reserve pool or of such reserve pool teachers blocking the chances of promotion of other teachers working in the Licentiate Teacher's Grade in recognized institutions. The reserve pool teachers were originally appointed during the period of the strike under U.P. Ordinance No.25 of 1977 and it should be borne in mind that this Ordinance expressly required appointment of persons possessing requisite qualification. All the reserve pool teachers thus possessed the requisite qualifications and this fact is not disputed before us. In the course of its judgment the High Court has also proceeded upon the basis that educational institutions in the State of Uttar Pradesh did not constitute an essential service but had been declared so by the notification dated December 24, 1977, issued under the U.P. Essential Services Maintenan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act as shown by its Preamble and different provisions is to ensure that educational institutions managed and conducted by private management are staffed and run properly. To provide therefor that those who had already shown their concern for the maintenance and continuity of the educational system in the State should receive a preferential treatment in requirement over those who had not shown such concern cannot be said to be foreign to the object of the legislation. If the State were not to appreciate in a concerts from the services of those who came to its aid in an emergency, the result would be that in a future crises nobody would be willing to come forward to render similar assistance to the State. If, when faced with difficulties in maintaining a service, and particularly an essential service, the State wants to overcome those difficulties and to ensure that a similar situation does not arise in the future, it is open to the State to do so by motivating people to come forward and render aid to the State by making them feel that if they do so, they would receive a reward. Such motivation would be brought about by rewarding those who have rendered such services in the past. Gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons, namely, the class of reserve pool teachers and the class of other applicants for the posts of teachers in the recognized institutions, are not similarly circumstanced and, therefore, there cannot be any question of giving these two classes of persons equality of opportunity in matters relating to employment guaranteed by Article 16(1) of the Constitution. Thus, neither Article 14 nor Article 16(1) of the Constitution was violated by the provisions of either U.P. Ordinance No.10 of 1978. or U.P. Ordinance No.22 of In our opinion, the High Court was in error in holding that U.P. Ordinance No.22 of 1978 was void on the ground that its provisions infringed Articles 14 and 16(1) of the Constitution. If U.P. Ordinance No.22 of 1978 was not void, equally U.P. Ordinance No.10 of 1978 was not void on this ground. Those teachers from the reserve pool who had been appointed in pursuance of either of these two Ordinances were thus validly appointed and their services could not have been terminated on the ground that their appointments were contrary to law. The aforesaid order dated May 21, 1979, of the Government of Uttar Pradesh and the aforesaid order of the Additional Director of E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... serve pool teacher was, therefore, made during the pendency of the said interim orders or after the decision of the High Court in the Sangh's case. On behalf of these reserve pool teachers it was submitted that U.P. Ordinance No.10 of 1978 was replaced by U.P. Ordinance No.22 of 1978 and that such repeal did not affect rights which had already accrued to them and had become vested in them under U.P. Ordinance No.10 of 1978. It was further submitted that in any event if this Court holds U.P. Ordinance No. 22 of 1978 to be valid those reserve pool teachers who had not been appointed had also acquired a vested right to be so appointed under that Ordinance. It was stated that after the decision in the Sangh's case the Governor of Uttar Pradesh had withdrawn U.P. Ordinance No.22 of 1978 under sub-clause (b) of clause (2) of Article 213 of the Constitution and that assuming that this Ordinance was not so withdrawn, it had ceased to operate at the expiration of the period specified in sub-clause (a) of clause (2) of Article 213 and that in either events the effect was the same as if that Ordinance had been repealed, In this connection reliance was placed upon sections 6 and 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P. Ordinance No. 22 of 1978 because that Ordinance came into force with retrospective effect from June 24, 1978, that is, the date on which U.P. Ordinance No. 10 of 1978 was promulgated and by section 8 of U.P. Ordinance No. 22 of 1978 which repealed U.P. Ordinance No. 10 of 1978 it was expressly provided that anything done or any action taken under U.P. Ordinance No. 10 of 1978 should be deemed to have been done or taken under U.P. Ordinance No. 22 of 1978 as if U.P. Ordinance No. 22 of 1978 were in force at all material times. The register of reserve pool teachers maintained under U.P. Ordinance No. 10 of 1978 must, therefore, be deemed to be a register of reserve pool teachers to be maintained under U.P. Ordinance No. 22 of 1978. As appears from the judgment of the High Court in the Sangh's case, as against 2,257 reserve pool teachers there were at that time 2,740 substantive vacancies in recognized institutions. These vacancies were required to be filled by direct recruitment. This fact is not disputed before us. But for the orders of the High Court, all reserve pool teachers would therefore, have been appointed in accordance with the provisions of either U.P. Ordinance No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be vitally affected by its judgment being before it as respondents or at least some of them being before it as respondents in a representative capacity if their number is too large to join them as respondents individually, and, if the petitioners refuse to so join them, the High Court ought to dismiss the petition for non- joinder of necessary parties. (2) The Allahabad High Court ought not to have proceeded to hear and dispose of Civil Miscellaneous Writ No. 9174 of 1978-Uttar Pradesh Madhyamik Shikshak Sangh and Others v. State of Uttar Pradesh and Others-without insisting upon the reserve pool teachers being made respondents to that writ petition or at least some of them being made respondents thereto in a representative capacity as the number of the reserve pool teachers was too large and, had the petitioners refused to do so, to dismiss that writ petition for non-joinder of necessary parties. (3) A writ of certiorari or a writ in the nature of certiorari cannot be issued for declaring an Act or an Ordinance as unconstitutional or void. A writ of certiorari or a writ in the nature of certiorari can only be issued by the Supreme Court under Article 32 of the Constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rackets, as sub-section . (9) Neither the Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) Ordinance, 1978 (U.P. Ordinance No. 10 of 1978), nor the Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) Second) Ordinance, 1978 (U.P. Ordinance No. 22 of 1978), infringed Article 14 or Article 16(1) of the Constitution or was unconstitutional or void. (10) The reserve pool teachers formed a separate and distinct class from other applicants for the posts of teachers in recognized institutions. (11) The differentia which distinguished the class of reserve pool teachers from the class of other applicants for the posts of teachers in recognized institutions was the service rendered by the reserve pool teachers to the State and its educational system in a time of crisis. (12) The above differentia bore a reasonable and rational nexus or relation to the object sought to be achieved by U,P. Ordinances Nos, 10 and 22 of 1978 read with the Intermediate Education Act, 1921, namely, to keep the system of High School and Intermediate Education in the State of Uttar Pradesh functioning smoothly without interruption so that the stud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been filled and in all likelihood those so appointed have been confirmed in their posts, to appointed these reserve pool teachers with effect from any retrospective date would be to throw out the present incumbents from their jobs for no fault of theirs. It will, therefore, be in consonance with justice and equity and fair to all parties concerned if the remaining reserve pool teachers are appointed in accordance with the provisions of U.P. Ordinance No. 22 of 1978 to substantive vacancies occurring in the posts of teachers in recognised institutions which are to be filled by direct recruitment as and when each such vacancy occurs. (21) This will equally apply to those reserve pool teachers whose services were terminated and who had not filed any writ petition or who had filed a writ petition but had not succeeded in obtaining a stay order, as also to those reserve pool teachers who had not been appointed in view of the interim orders passed by the High Court and thereafter by reason of the judgment of the High Court in the Sangh's case and who have not filed any writ petition. For the reasons mentioned above, we allow these appeals, reverse the judgments appealed again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irections for the enforcement of the fundamental rights of the petitioner as are deemed fit and reasonable by this Hon'ble Court and to grant such other relief to the petitioner as is deemed fit and reasonable for the redress of their grievance. In the light of what we have said above about the defective prayer in the writ petition filed by the Sangh in the Allahabad High Court, we ought to insist upon these petitioners setting their house in order by amending the prayer clause and asking for proper reliefs. These Petitions are drafted by Advocates. It is true that these petitioners are poor and it must not have been possible for them to pay substantial fees to their advocates but that cannot be a reason for an advocate who undertakes a client's case not to give of his best to his client. An advocate should not measure the quality of work he will put into a case by the quantum of fees he receives. Our insisting upon these petitions being so amended would, however, involve delay and as some of these petitioners are reserve pool teachers who were not appointed by reason of the interim orders passed by the Allahabad High Court and the judgment of that High Court in the San ..... X X X X Extracts X X X X X X X X Extracts X X X X
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