Civil Appeal No1396 of 1991
From the Judgement and Order dated 831990 of the Orissa High Court in Case No 2867 of 1987
Mrs Uma Metha Jain and MA Firoz for the Appellant
Ashok Kumar Panda for the Respondents
The Judgement of the Court was delivered by KULDIP SINGH J Special leave granted
Rabinarayan Mohapatra the appellant was appointed as Hindi Teacher in Bani gochha ME School Orrisa for a period of 89 days or till a candidate selected by the State Selection Board was made available
He joined the school on July 12 1982
The appointment was made by the District Inspector Schools on the recommendation of the managing committee of the school
He continued to serve the school with repeated spells of 89 day appointments and one day break in between the spells till May 25 1986
He was not paid the salary for the period of summer vacations during all these years
Although the period of summer vacation during all these years
Although the appellant continues to serve the school to date under orders of the managing committee yet his appointment after 1986 has not been approved by the educational authorities
The managing committee even passed a resolution on July 61987 requesting the educational authorities of the State of Orissa to approve the continuous appointment of the appellant as Hindi Teacher but no action was taken by the said authorities
The appellant filed a writ petition under Article 226 of the Constitution of India before the Orissa High Court claiming regularisation as Hindi Teacher with effect from July 121982
The only argument raised before the High Court was that the appellant was entitled to be regularised in terms of the provisions of Section 3 of the Orissa Aided Educational Institutions Appointment of Teachers Validation Act 1989 hereinafter called the Validation Act 
The relevant part of Section 3 of the Act is reproduced hereinafter  3
Validation of certain appointments Not withstanding 993 anything contained in the Education Act or in the Rules or Regulations framed thereunder a graduate teacher intermediate and matriculate teachers physical education teachers and classical teachers and Hindi teachers of aided schools appointed by the managing authorities of such schools on ad hoc basic on or after the 1st December  1976 but not later than the 31st December 1984 b    c    who have continuous service as such teachers or lecturers for a period of at least one year without any break or with a break or breaks in one or more aided schools or Colleges and who are continuing as such teachers or whose services have been terminated after the 31st December 1984 save for misconduct or   shall for all intents and purposes be deemed to have been validly and regularly appointed and no such appointment shall be challenged in any court of law merely on the ground that the appointment was made otherwise than in accordance with procedure laid down in the Education Act and the Rules and Regulations framed thereunder    
The High Court rejected the prayer for regularisation and held that the appellant was not entitled to the benefit of the Validation Act on the following reasoning Admittedly the petitioner was appointed on 1271982 and continued till 1871986 with breaks in between and the petitioner s appointment was conditioned by the stipulation that he would continue until replaced by a candidate from the Select List
His case therefore will not come within the preview of the Validation Act and therefore the question of issuing any direction to regularise his service in a substantive vacancy because of the Validation Act does not arise
 We have heard Mrs Uma Mehta Jain learned counsel for the applellant
This Court in Rattan Lal vs State of Haryana
AIR 1987 SC 478 speaking through Venkataramaiah J as the learned Judge then was  observed as under 994 The State Government of Haryana has failed to discharge that duty in these cases
It has been appointing teachers for quite some time on an ad hoc basis for short periods as stated above without any justifiable reason
In some cases the appointments are made for a period of six months only and they are renewed after break of a few days
The number of teachers in the State of Haryana who are thus appointed on such ad hoc basis is very large indeed
If the teachers had been appointed regularly they would have been entitled to the benefits of summer vacation along with the salary and allowances payable in respect of that period and to all other privileges such as casual leave medical leave maternity leave etc
available to all the Government servants
These benefits are denied to these ad hoc teachers unreasonably on account of this pernicious system of appointment adopted by the State Government
These ad hoc teachers are unnecessarily subjected to an arbitrary hiring and firing  policy
These teachers who constitute the bulk of the educated unemployed are compelled to accept these jobs on an ad hoc basis with miserable conditions of service
The Government appears to be exploiting this situation
This is not a sound personnel policy
It is bound to have serious repurcussions on the education institutions and the children studying there
The policy of ad hocism  followed by the State Government for a long period has led to the breach of Article 14 of the Constitution
Such a situation cannot be permitted to last any longer
It is needless to say that the State Government is expected to function as a model employer
We strongly deprecate the policy of the State Government under which ad hoc  teachers are denied the salary and allowances or the period of the summer vacation by resorting to the fictional breaks of the type referred to above
These ad hoc  teachers shall be paid salary and allowances for the period of summer vacation as long as they hold the office under this order
Those who are entitled to maternity or medical leave shall also be granted such leave in accordance with the rules
 The Validation Act has been enacted by the Orissa legislature with the obvious object of granting relief to those members of teaching community who are being exploited for years together by keeping 995 them in short spell appointments like 89 day appointments as here with one day break and in the process denying them their rightful dues and other service benefits
Inspite of repeated depreciation by this Court the practice continues to be followed by various State Governments in the country
Under the Constitution the State is committed to secure right to education for all citizens
Bulk of our population is yet illiterate
Till the time illiteracy is effaced from the country the resolution enshrined in the Preamble cannot be fulfilled
Education is the dire need of the country
There are neither enough schools nor teachers to teach
Insecurity is writ large on the face of the teaching community because of nebulous and unsatisfactory conditions of service
In order to make the existing educational set up effective and efficient it is necessary to do away with ad hocism in teaching appointments
An appointment on 89 day basis with one day break which deprives a teacher of his salary for the period of summer vacation and other service benefits is wholly arbitrary and suffers from the vice of discrimination
The Validation Act covers the field upto December 31 1984
The State of Orissa will do well to consider the cases of all those who have completed one year or more as ad hoc teachers after December 31 1984 and come out with a scheme or any other appropriate measure to regularise their services
Mrs Jain contended that on the plain reading of Section 3 of the Validation Act the appellant is entitled to be regularised as Hindi Teacher with effect from July 121982
To come within the purview of the Validation Act the following conditions are to be satisfied 1
The appointment by the managing authority of the school on ad hoc basis must be on or after the 1st December 1976 but not later than 31st December 1984 2
The service as such teacher is continuous for a period of atleast one year without any break or with a break or breaks in one or more aided schools 3
Is continuing as such teacher or his services were terminated after the 31st December 1984 save for misconduct
The apellant was appointed on July 121982 and has been working with the approval of the authorities for almost 4 years with short breaks
The managing committee is still utilising his services though there is no approval by the educational authorities for the period subsequent to 1986
It is no body s case that his services were 996 ever terminated on grounds of inefficiency or misconduct
The case of the appellant is thus fully covered by Section 3 of the Validation Act
We are of the view that the High Court erred in denying the benefit of the Validation Act to the appellant on the ground that his initial appointment for 89 days was conditioned by the stipulation that he would continue until replaced by a candidate from the select list
The High Court read into the Act what was not there
In response to the notice issued in the Special Leave Petition the managing committee through its Secretary cum Head Master has stated that the appellant is still continuing to serve as Hindi teacher in the school under the orders of the managing committee
We therefore set aside the judgment of the High Court and direct the respondents to treat the appellant as the regularly appointed Hindi teacher in the school with effect from July 12 1982
The appeallant shall be entitled to his salary including the salary for summer vacations and other breaks which must be taken as non est from the date of his regular appointment ie July 12 1982
The respondents are directed to pay the arrears of salary and other emoluments due to the appellant as a result of his regularisation within a period of 3 months from today


Summary:
The petitioner an Advocate and Chairman of the Environmental Protection Cell filed the petition under Article 32 asking the Court to issue directions for closing down of hazardous industries located in the densely populated areas of Delhi and for regulation of air pollution caused by automobiles operating in the area as also the thermal units generating power for the Delhi Electric Supply Undertaking
Making an interim order and keeping the writ petition pending for the purpose of monitoring the Court
HELD 1
The incorporation of protection of environment as an obligation of the State in the Directive Principles and the mandate in Article 51 A to the citizens of India as part of fundamental duty are indications of the Constitutional recognition of importance of environment of life both the flora and the fauna
870 A B 2
Law alone also cannot help in restoring a balance in the biospheric disturbance
Nor can funds help effectively
The situation requires a perception and imaginative planning
It also requires sustained effort and result oriented strategic action
Campaign for general awakening of the people using automobiles of different classification and among the people inhabiting the Capital is an indispensable preliminary
871E G 3
All persons using automobiles should have a fair knowledge of the baneful effect on the community including those who use such vehicles on account of the emission from such vehicles
Until that is done in an effective way the appropriate attitude would not develop and cooperation for reducing pollution would not emerge
871 F H 867 4
A Committee is set up by this court to look into the problem of vehicular pollution in Delhi and for devising methods of solution of the problem
 872 H 873 A
A retired Judge of this court to act as Chairman the petitioner and the Chairman of the Central Pollution Control Board and the person representing the Association of Indian Automobiles Manufacturers could be the members of the Committee
The Committee would also have the power to co opt experts not exceeding three for its efficient working from time to time
The Joint Secretary in the Ministry of Environment and Forests shall be the Convenor Secretary of the Committee
873A D 6
The Committee may be constituted with effect from 18th March 1991 under an appropriate Notification of the Union Government
873D 7
The Committee shall furnish a report to this Court once in two months as to the steps taken in the matter
The Union Government and the Delhi Administration are directed to effectively cooperate with the Committee for its successful operation
874B