IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 13.03.2007 THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.50371 of 2007 W.P.(MD).Nos.43897, 11442, 11692 of 2006, 30898 of 2005, 47132 of 2006 W.P.(MD).Nos.16, 262 of 2007, W.P.Nos.49694, 49695, 49696, 49697, 49742, 49926, 49983, 50033, 50041, 50276, 50277, 50318, 50360, 50372, 50373, 50374, 50375, 50376, 50377 of 2006, 13, 14, 34, 480, 565, 566, 567, 568, 569, 666, 673, 1374, 1795, 1937, 2018, 2416, 2584, 3063, 3950 of 2007 and M.P.Nos.1 & 2 of 2006 & M.P.Nos.1 & 2 of 2007 S.Beer Mohamed Petitioner in WP.50371/06 N.Jayalakshmi Petitioner in WP.43897/06 Gunavathy Petitioner in WP.11442/06 I.R.Jebakumar Petitioner in WP.11692/06 K.Sowmya Petitioner in WP.30898/05 Tamil Nadu Computer Science B.Ed Graduate Teachers Welfare Society, Redd. No.77/2006 rep. by its Treasures, P.Saravanan, No.8/21, Pujangarao Street, Saidapet, Chennai - 15. Petitioner in WP.47132/06 N.Barathi Petitioner in WP.16/07 O.Susel Anand Petitioner in WP.262/07. Periya Naisingh Petitioner in WP.49694/06 R.Jeyanthy Petitioner in WP.49695/06 A.Anbalagan Petitioner in WP.49696/06 M.Premkumar Petitioner in WP.49697/06 S.Mathiazhagan Petitioner in WP.49742/06 1. Siva Senthil Kumar 2. R.Amudha 3. R.Jeyanthi 4. S.Palaniyandai 5. S.Banumathi 6. R.Muthuamizh Selvan https://hcservices.ecourts.gov.in/hcservices/ 7. P.Uma Maheswari 8. P.Chithirai Selvan Petitioner in WP.49926/06 S.Dhanamani Petitioner in WP.49983/06 G.B.Hemamalini Petitioner in WP.50033/06 S.Sujatha Petitioner in WP.50041/06 V.Nagarajan Petitioner in WP.50276/06 M.D.Padmavathy Petitioner in WP.50277/06 D.Elavarasu Petitioner in WP.50318/06 T.Suryanarayana Moorthy Petitioner in WP.50360/06 M.Killivalavan Petitioner in WP.50372/06 R.Saravanarajaguru Petitioner in WP.50373/06 C.Radhika Petitioner in WP.50374/06 K.Nalini Petitioner in WP.50375/06 K.Mani Kandan Petitioner in WP.50376/06 P.Renuga Petitioner in WP.50377/06 M.Bhuvaneswari Petitioner in WP.13/07 A.Shanthi Petitioner in WP.14/07 K.Kemila Petitioner in WP.34/07 P.Arunachalam Petitioner in WP.480/07 M.Vijayaraghavan Petitioner in WP.565/07 T.S.Meena Petitioner in WP.566/07 M.Thenmozhi Petitioner in WP.567/07 N.Kandasamy Petitioner in WP.568/07 R.Agila Petitioner in WP.569/07 S.Gandhi Petitioner in WP.666/07 M.Thamizhmani Petitioner in WP.673/07 P.Ashok Kumar Petitioner in WP.1374/07 P.Nagappan Petitioner in WP.1795/07 V.Umamaheswari Petitioner in WP.1937/07 S.Saraswathi Petitioner in WP.2018/07 1. R.Senthil Kumar 2. M.Ramesh 3. R.Kumaravel 4. K.Devika Petitioner in WP.2416/07 1. D.R.Ganesh 2. B.Suresh 3. M.Somasundaram 4. S.Jothilakshmi 5. K.Pushparaj Petitioner in WP.2584/07 https://hcservices.ecourts.gov.in/hcservices/ K.Sasikala Petitioner in WP.3063/07 V.Umadevi Petitioner in WP.3950/07 vs 1. Teacher Recruitment Board, rep. by its President 4th floor, E.V.K.Sampth Maligai, DPI Complex, College Road, Chennai 1st Respondent in WP.No.50371/06 to 50377/06 2. State of Tamil Nadu rep. by the Secretary, School Education, Higher Secondary Department, Fort St. George, Chennai-9. 1st Respondent in WP.No.43897/06 3. Government of Tamil Nadu rep. by its Secretary, Department of School Education, Secretariat, Chennai - 9. R1 in WP.11442/06, 49742/06, 34/07, 1937/07, 2018/07, 2416/07. 4. Chief Educational Officer, Erode Educational District, Erode. R1 in WP.49983/06 R2 in WP.13 & 14/07 R3 in WP.1374/07, 1937/07. 5. The Director, Electronic Corporation of Tamil Nadu Limited, 692, Anna Salai, Nandanam, Chennai - 35. R1 in WP.50041/06. WP.565 to 569/07 1795/07. R3 in WP.666/07 6. The Chief Educational Officer, Kancheepuram, Kancheepuram District R1 in WP.50277/06 R6 in WP.666/07 https://hcservices.ecourts.gov.in/hcservices/ 7. Director of Higher Education, Nungambakkam, College Road, Chennai 6. R1 in 673/07 8. State of Tamil Nadu rep. by Secretary to Government, (Higher Education) Education Department, Fort St.George, Chennai -9. R1 in 1374/07 9. Chief Educational Officer, Cuddalore. R1 in WP.2584/07. 10. Government of Tamil Nadu rep. by its Secretary, Education Department, Secretariat, Chennai - 9. 2nd Respondent in WP.50371/06 to 50377/06 R1 in 30898/05, 47132/06, 49694 to 49697/06, 50033/06, 50276/06, 50318/06, 50368/06, 666/07. 11. Member Secretary, Teacher Recruitment Board, Chennai - 6. R2 in WP.43897/06 12. The Chairman Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Building, DPI Complex, College Road, Chennai.6 R1 in WP.13 & 14/07, 3063/07, 3950/07 R2 in WP.11442/06, 30898/05, 49983/06, 50277/06, 480/07, 666/7, 1374/07, 1937/07, 2416/07, 2584/07, 34/07. R4 in WP.50033/06 R3 in WP.2018/07 R5 in WP.50360/06 13. The Director, Teacher Recruitment Board, 4th Floor, E.V.K. Sampath Maligai, DPI Compound, College Road, Chennai - 6. R2 in WP.47132/06 R1 in WP.49926/06. https://hcservices.ecourts.gov.in/hcservices/ 14. The Chief Educational Officer, O/o the Chief Educational Officer, Nagercoil, K.K. District. .... R2 in WP. 11692/06 R3 in WP.262/07, 50033/2006 15. The Teachers Recruitment Board, EVK, Sampath Maligai, College, Road, Chennai-6 . ... R2 in 16/07, 262/07, 50276/06, 50318/06 16. The Chief Educational Officer, Perambalur District. .... R2 in 49742/06 17. Directorate of School Education, (Higher Education-II) No.4 EVK Sampath Building, College Road, Chennai-6. .... R2 in WP 49926/06 18. The Joint Directorate, Joint Director for Higher Secondary Education, Chennai. .... R2 in WP. 50360/06, 673/07 19.The Director of School Education College, Road, Chennai-6. .... R3 in WP.43897/06, 30898/05 49742/06, 480/07. R1 in WP 11692/06, 16/07, 262/07, R2 in WP. 49694 to 49697/06, 50033/06 , 50041/06, 34/07, 565 to 569/07, 1795/07, 2018/07, 3916/04, 3950/07. 20. The Director of High Secondary Education, Department of School Education, Chennai-6. .... R3 in WP 11442/06, 47132/06, 2416/07 21. The Chief Educational Officer, Tirunelveli. .... R3 in WP 16/07, 3950/07 22 The Tamilnadu Teachers Recruitment Board, DPI Compound, College Road, Chennai-6. .... R3 in WP 49694 to 49697/06 https://hcservices.ecourts.gov.in/hcservices/ 23. The Chief Educational Officer, District Chief Educational Office, Trichy. .... R3 in WP 49926/06 24 The Chief Educational Officer, Chief Education Office District Collector Campus, Salem .... R3 in WP 50041/06 50360/06, 565 to 569/07 673/07, 1795/07, R1 - 480/07 R4 - 2018/07 25 The Chief Educational Officer O/o. The Chief Educational Officer, Thiruvallur District, Thiruvallur. .... R3 in WP 50318/06 26. The Chief Educational Officer, Saidapet, Chennai-15. .... R3 in WP 34/07 R5 in WP 666/07 R2 in WP 3063/07 27.The Director of Govt Examination Chennai-6. .... R4 in WP 43897/06 28. Director, Professional Employment & Executive Office, No. 140, Santhome High Road, Ground Floor, Tamilnadu Slum Clearance Board, Kuilthottam, Chennai-4. .... R4 in WP 30898/05 29. The Chief Educational Officer, Collectrote, Virudhunagar, .... R4 in WP.11442/06 30. Secretary, Labour & Employment Department, Secretariat, Chennai-9. .... R4 in WP 47132/06 31. The Head Master, TVS Govt Higher Secondary School, Tirukkarungudi- 627115, TVL. .... R4 in WP 16/07 https://hcservices.ecourts.gov.in/hcservices/ 32 The Head Master The Govt Boys Hr Secondary School, Marathandam, Kanyakumari District. .... R4 in WP 262/07 33. The Head Mistress Govt Higher Secondary School, Vembadithalam, Salem District. .... R4 in WP 50041/06, 568/07 34. Govt Hr. Secondary School, Maduravoyal, Chennai-95 Tiruvallur District. .... R4 in WP 50318/06 35. The Headmaster, Govt Boys Higher Secondary School, Mechari, Salem. .... R4 in WP 50360/06 36. The Headmistress M.N.S Govt girls Hr. Sec School, Attaiyampatti, Salem. .... R4 in WP 565,567 & 569/07, 1795/07. 37. The Head Master, Govt Hr. Sec School, Pannapatti, Salem. .... R4 in WP 566/07 38. Elite Software System Pvt Ltd, Rep by its M.D. D. Mahes Kumar, 64/97. Medavakkam Tank Road, Kilpauk, Chennai-10. .... R4 in WP 666/07 39. Muthar Basha .... R4 in WP 673/07 40. The Headmaster Govt Boys Higher Secondary School, Anthiyur, Bhavani Taluk, Erode. .... R4 in WP 1374/07 41. The Chief Educational Officer, Karur District. https://hcservices.ecourts.gov.in/hcservices/ The Headmaster, Govt Hr Sec School, Esanathur, Karur. The Headmaster, Govt Higher Secondary School, Kaniyalampatti, Karur. The Headmaster, Govt Higher Secondary School, Aravakurichi, Karur, The Headmaster, Govt Higher Secondary School, Car street, Karur. .... R4 to R8 in WP 2416/07 42. P. Selvaraj .... R5 in WP 47132/06 43. NIIT Ltd, Nagercoil Ltd, III Floor, Ramasunramaniam Complex, Veppamoodu, Nagercoil .... R5 in WP 16/07 44. The Headmaster, Govt Higher Secondary School, Vilavancode, K.K. District. .... R5 in WP 50033/06 45. Higher Secondary School, Computer Teachers Association, Rep by its President, No 40, MGR Nagar, Railway Mettu Street, Tenkasi-627 811. .... R6 in WP 47132/06 R6 Impleaded as per order dated 13.3.07 by PJMJ in Suo Moto Order in WP 50371/07 (Batch Case) and in MP.1/07. Petition under Article 226 of the Constitution of India, to issue a 1] Writ of Mandamus directing the first Respondent to allow the petitioner to apply and take the Special Qualifying examination to be held on 28.1.2007 for the post of Computer Instructor and appoint [in WP.50371/06 to 50377/06] https://hcservices.ecourts.gov.in/hcservices/ b] directing the respondent No.2 to provide the application form for the examination for Computer Teachers to be held in 28.1.2006 [in WP.11692/06] c] directing the respondent herein to effect direct recruitment of Junior Post Graduate Assistants in Govt. Higher Secondary Schools in the State of Tamil Nadu to the Subject discipline of computer Science for +2 courses from among the candidate who have been possessing basic degree qualification of B.Sc. Computer Science of M.Sc. Computer Science. [c] with B.Ed qualification and enroll their names with the 4th respondent and otherwise by causing necessary and appropriate notification in that behalf forthwith for the academic year 2005- 2006 and to admit the petitioner to participate in the examination scheduled to be conducted on 25.9.2005 for the post of Jr. Post Graduate Assistants on 25.9.2005 by the 2nd Respondent [WP.30898/05] [d] directing the respondents 1 to 4 to allow the petitioner to write the Special Examination to be held on 28.1.2007 for Computer Teachers working on Contract basis in Higher Secondary School alongwith the other Computer Teachers.[WP.No.16/07; 262/07] [e] directing the 1st respondent to permit the petitioner to participate in the Selection Process of the 2nd respondent such as submission of application and attend the interview for regular appointment of the Computer instructor in the Govt. Higher Secondary School by considering the petitioners part service in the each of the petitions.[WP.No.49694 to 49697/06] [f] directing the 1st respondent to issue an application form to the petitioner the Special Examination for Computer Teacher to be held on 28.1.2007 [WP.No.49983/06, 2584/07]; [g] directing the respondents to consider the petitioner, for appointment as Computer instructor in any one of the Tamil Nadu Secondary Schools in Tamil Nadu [WP.50033/06] [h] directing the 1st respondent to allow the petitioner to participate in Spl. Text conducted by the 1st respondent herein by considering the representation dated 13.12.2006; [WP.50041/06; 567/07] 26.12.2006, [WP.566/07] 15.12.2006 [WP 565/07] 14.12.2006 [WP.568 & 569/07] 27.12.06 [1795/07] respectively. https://hcservices.ecourts.gov.in/hcservices/ [i] directing the Respondents to issue an Application for the Post of Computer Teacher to the petitioner herein on or before 4.1.2007 the last date fixed by the Respondents.[in WP.No.50276/06] [j] directing the first Respondent to forward the application of the petitioner to the Second Respondent to sit for Special Examination for Computer Teachers 2006-07 to be held on 28.1.2007 and regularise the services of the petitioner in the post of Computer Teacher with all service benefits [in WP.No.50277/06] [k] directing the respondent to appoint the petitioner as computer instructor in the newly sanctioned Post of Computer instructor in the 4th respondent School[ WP.No.50318/06] [l] directing the 3rd respondent to issue the petitioner the application for Special Examination for Computer instructor 2006-07 to be conducted by the 5th respondent on 28.1.2007 [WP.No.50360/06] [m] directing the respondents to appoint the petitioner in each of the petitioners in the post of Computer Teacher in Govt/Corporation /Municipality Schools [WP.No.13 and 14/07] [n] directing the respondents to permit the petitioner to appear for the Special Test 2006-07 for Computer instructors to be conducted by the Teachers Recruitment Board, Chennai 6.[WP.34/07] [O] directing the 1st and 3rd Respondent respectively to issue and forward the application of the petitioner to the 2nd and 1st respondent respectively to sit for Special Examination for Computer instructor to be held on 28.1.2007 or any other subsequent dates and regularise the services of the petitioner in the post of Computer Instructor with all service benefits. [WP.480/07 and 3950/07] [p] directing the 5th and 6th respondents to issue and receive the application forms for the examination to be held on 28.1.2006 by the 2nd respondent to the post of Computer instructor in the Higher Secondary School as per G.O.Ms.No.187, School Education [Higher Secondary] dated 4.10.2006 to the petitioner and consider the case of the petitioner by the 2nd respondent. (WP.666/07) [q] directing the respondents 2 and 3 to receive the petitioners application dated 15.12.2006 and also consider the representation of the petitioner dated 30.12.2006 [WP.673/07] https://hcservices.ecourts.gov.in/hcservices/ [r] directing the respondents to consider and include the Diploma in Computer Programming and application also as one of the eligible qualification so as to enable the petitioner to get appointment as Computer instructor by appearing through Special qualifying examination to be conducted by the 3rd respondent for the year 2006- 07 and direct the respondents to appoint the petitioner as Computer instructor [WP.2018/07]; [s] directing the 2nd and 3rd respondents to include the petitioners also in the selection process for appointment/regularization of Computer instructors on par with other eligible candidate in accordance with the GO.No.187 [School Education [Higher Secondary] Department dated 4.10.2006 of the 1st respondent.[WP.2416/07] [t] directing the respondent to issue the application to the petitioner so as to enable the petitioner to writ the Examination on the Selection to the Post of Computer Graduate Teacher in the year 2006-07 to be held on 28.1.2007 conducted by the 1st respondent [WP.3063/07] [u] Writ of Certiorari calling for the records relating to the impugned prospectus dated nil issued by the 2nd respondent for Special Test for Computer instructor 2006-07 stated to have based on the G.O.Ms.No.188, School Education Department dated 4.10.2006 issued by the 1st respondent herein and quash the same in so far as to relate to the prescribing the Higher Educational qualifications like B.E., B.Sc., M.C.A. B.C.A P.G. Diploma Courses etc. from a recognised University [WP.1937/07] Certiorarified Mandamus (V) calling for the records of the Ist respondent pertaining to his letter (MS) No.188 dt.4.10.2006 and quash the same and direct the respondent to appoint the petitioner as Computer instructor in Higher Secondary School in her qualifying for the same (WP no. 43897/06) w) calling for the records of the respondents relating to the impugned proceedings regarding the selection and Special Examination 2006-2007 for the computer Instructor issued by the 2nd Respondent in ref.nil dated nil and quash the same and further direct the respondents to make appointments for the computer teachers in the Higher Secondary Schools as per the procedures prescribed under the Special Rules for TN Higher Secondary Educational Service (WP 11442/06) https://hcservices.ecourts.gov.in/hcservices/ (x) calling for the records of the letter dated 04/10/2006 having reference No School Education (Me. Ni. Ka 2) Department letter (Misc) No. 188 issued by the 1st respondent and quash the same and consequently direct the respondents 1 to 4 to terminate the services of the computer instructors appointed by ELCOT in the year 1999 on contract basis in the government schools and recruit B.T and P.G. Assistants in computer science with B.Ed qualification in computer science in the 1880 newly created posts of computer instructors in Government schools by following the recruitment rule and rule of reservation and through the employment exchange on a preferential and permanent basis (WP NO. 47132/06) (y) calling for the record relating to the impugned order in G.O.No.187 dt.4.10.2006 passed by the Ist respondent and quash the same and direct the Ist respondent to permit the petitioner to appear in the special test for the post Computer Instructors (WP NO. 49742/06) (z) calling for the records relating to the notification dated 8.12.2006 issued by the 1st respondent and quash the same so far it imposed restriction in Clause I of the said notification prescribing eligibility only to those computer teachers worked upto contract period by receiving the consolidate pay of Rs.2000/- p.m. and continue to work till this date and direct the 3rd respondent to furnish the application forms to the petitioners on or before 4.1.2007 so as to enable them to apply for the examination to regularize their service and to sit for the examination to be held on 28.1.2007 to regularise their service in the post of computer teachers (WP NO. 49926/06). (za) Calling for the records comprised in the notification for special test to fill the posts of Computer Instructor for 2006-07 as published by the Teachers Recruitment Board/second respondent on 20.11.2006 and to quash the same and consequently direct the respondents to consider the petitioner for the said post (WP NO. 1374/07) Mr. C. Selvaraju SC for M/s. S.Mani and M/s. S. Ramesh .. For Petitioner in WP NO. 50371 to 50377 of 2006 and 2018/07 M/s. Nalini Chidambaram SC for M/s. Glayds Daniel .. WP NO. 47132/06 https://hcservices.ecourts.gov.in/hcservices/ M/s. Hema Sampath SC for Mr. Subramanian .. WP NO. 43897/06 Mrs. Vijayalakshmi Natarajan .. WP NO. 11442/06 Mr. T. Lajapathy Ray .. WP NO. 11692/06 Mr. R. Natarajan .. WP NO. 30898/05 Mr. A. Thirumurthy .. WP NO. 16/07 Mr. Edwin Jayakumar .. WP NO. 262/07 Mr. S. Packiaraj .. WP NOs. 49694 to 49697 of 2006 M/s. D. Geetha .. WP NO. 49742/06 Mr. G. Ethirajalu .. WP NO. 49926/06 Mr. I.C. Vasudevan .. WP NO. 49983/06 M/s. Devadasan and Sakar .. WP NO. 50033/06 Mr. Murudhachalamurthy .. WP NO. 50041/06 Mr. N. Isabella .. WP NO. 50276/06 Mr. Hidayatullah Khan .. WP NO. 50277/06 Mr. K. Raja .. WP NO. 50318/06 Mr. C.D. Johnson .. WP NO. 50360/06 Mr. C. Prakasam .. WP Nos. 13 and 14/2007 Mr. D. Sadhasivam .. WP NO. 34/2007 Mr. R. Thamaraiselvan .. WP NO. 480/07 Mr. Marudhachalamurthy .. WP NO. 565 to 569/07 and 1795/07 Mr. C. Ravichandran .. WP NO. 666/07 https://hcservices.ecourts.gov.in/hcservices/ Mr. Baskara Narayanan .. WP NO. 673/07 Mr. V. Ayyathurai .. WP NO. 1374/07 Mr. K. Premkumar .. WP NO. 1937/07 Mr. R. Saravana Kumar .. WP NO. 2416/07 Mr. T. Rajmohan .. WP NO. 2587/07 Mr. V. Thirupathy .. WP NO. 3063/07 Mr. G. Thalamuthurasu .. WP NO. 3950/07 and Mr. R. Shanmugasundaram SC Mr. Andhiarjuna Senior counsel on behalf of the Govt. Teachers Recruitment Boarding, Director of School Education Mr. R. Muthukumarasamy Senior counsel for M/s. A. Jenasenan, Advocate for the impleaded 6th respondent in WP NO. 47132/06 Mr. M. Sekar S.G.P. And Mr. P. Gopiraja G.A. On behalf of the state of T.N. The court the following order:- - - - - - O R D E R The batch of the writ petitions relate to the Government Order in G.O.Ms.No.187 School Education dated 04.10.2006 under which the Government has created 1880 posts of Computer Instructors in the salary of Rs.5500-175-9000 to be recruited in each of the Government / Corporation Higher Secondary Schools in the State at the rate of one Computer Instructor for each of the school. Consequent to the said Government Order, the Secretary to Government by his letter, dated 04.10.2006 has directed the Director of School Education, Chennai-6 stating that as per the statement of the Hon’ble Education Minister on the floor of the Assembly on 04.08.2006 promising to appoint those Computer Instructors working on temporary basis in the Government Higher Secondary Schools, by way of a selection process on the basis of their qualifications in the 1880 posts of Computer Instructors created by the Government and also stating the method of selection by way of a special test among the temporary Computer Instructors, who are working in various Government and Corporation Higher Secondary Schools under the contract of employment with various organizations like ELCOT, NIIT, etc. In the said letter the Secretary to Government has fixed the following qualifications to https://hcservices.ecourts.gov.in/hcservices/ such candidates, who have been working as Computer Instructions, namely, 1) B.E.Degree in Computer Science / E.C.E., E.E.E. from a recognized University or 2) B.Sc., Computer Science or 3) M.C.A. or 4) B.C.A. or 5) Any Degree from a recognized University in the state with one year P.G. Diploma Course in Computer Application offered by a recognized University. It also states that in respect of these candidates B.Ed. qualification will not be insisted. It is also stated that the said post of Computer Instructors will be filled up by the Director of School Education based on the list of candidates selected and furnished by the Teachers Recruitment Board, Chennai-6. 2. In W.P.(MD).Nos.43897, 11442, 11692 of 2006 and 30898 of 2005, the petitioners therein apart from having their Degree in Computer Science either in Under Graduate or Post Graduate course have also completed either B.Ed. Degree or M.Ed. Degree in Computer Science as their main subjects. The W.P.No.47132 of 2006 is filed by the Tamil Nadu Computer Science B.Ed. Degree Graduate Teachers Welfare Society with its members, who have completed their Graduation or Post Graduation in Computer Science and B.Ed. Degree also. All these 4 writ petitions challenge the letter of the Secretary to Government dated 04.10.2006 as stated above, on the basis that the decision of the Government in dispensing with B.Ed. qualified candidates while appointing Computer Instructors on regular basis under the general education stream by a selection process but restricting the selection only to the persons, who were appointed temporarily on contract basis from 1999 by various organizations like ELCOT, NIIT, etc. on the basis that it violates Article 14 and 16 of the Constitution of India, apart from stating that it would amount to regularization of illegally appointed persons without qualification and due process of law. 3. On the other hand, the other writ petitions in W.P.(MD). Nos.16, 262 of 2007, W.P.Nos.49694, 49695, 49696, 49697, 49742, 49926, 49983, 50033, 50041, 50276, 50277, 50318, 50360, 50371, 50372, 50373, 50374, 50375, 50376, 50377 of 2006, 13, 14, 34, 480, 565, 566, 567, 568, 569, 666, 673, 1374, 1797, 1937, 2018, 2416, 2584, 3063, 3950 of 2007 are all filed by the petitioners, who have been working as Computer Instructors in various Government Higher Secondary Schools on contract basis through various organizations https://hcservices.ecourts.gov.in/hcservices/ like ELCOT, NIIT, EVERON, etc., who have not been working on the date of issuance of the above said orders of the Government either due to the availing of medical leave or maternity leave or due to termination etc., and on that basis were not given application for consideration of appointment as Computer Instructors in the Government Higher Secondary Schools in the 1880 posts created by the Government as per G.O.Ms.No.187 dated 04.10.2006 and therefore, they have filed the writ of mandamus for a direction against the respondents to give them application and consider them for appointment in the said posts created by the Government. 4. The facts leading to the filing of the above batch of cases are that the Computer Education was introduced in the XI and XII standards in 1999-2000 as a Phase-I in 666 Government Higher Secondary Schools and it was subsequently extended in Phase-II in 515 Government Higher Secondary Schools in 2000-2001. The Government in furtherance of the above scheme, at that time has entrusted with ELCOT on contract basis to recruit Computer Instructors and the said contractor also by following certain procedures for recruitment through various agents under them have made appointments of Computer Instructors in various Government and Corporation Higher Secondary Schools in the state. The said appointment on contract basis started in 1999 has continued till September 2005. It is also admitted case by the respondents that after the termination of contract period with the said organizations the said Computer Instructors have been continuing by the Government by meeting expenditures to pay salary to them till date. 5. It is relevant to point out that at the time, when the said Computer Instructors were appointed on contract basis, the same was challenged in W.P.No.6564 of 1999 before this Court and this Court while dismissing the said writ petition on 23.04.1999, while appreciating the object of the Government in imparting computer education to the students in 1200 Government Higher Secondary Schools by way of the policy through contract with reputed organization, has observed that the Government being the custodian of social justice will take care of the interest of the qualified persons like the petitioner in the said writ petition, who are like the present petitioners stated in the above said 5 writ petitions, namely, W.P.(MD).Nos. 43897, 11442, 11692 of 2006, W.P.No.30898 of 2005 and W.P.No.47132 of 2006. While dismissing the said writ petition by holding that at that time the Government has not created any permanent posts, therefore, there was no question of making appointment through Employment Exchange has however observed as follows: https://hcservices.ecourts.gov.in/hcservices/ "However, in future, if the Government creates any permanent or sanctioned posts to impart Computer Science in Government Higher Secondary Schools no doubt such posts shall be filled up by recruiting candidates sponsored by Employment Exchange and by following the rules of reservation." 6. According to the