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8.3. Dr. Rajeev Dhavan, learned Senior Advocate has also relied upon the decisions of this Court in the case of N. Vasundhara Vs. State of Mysore reported in (1971) 2 SCC 22 and in the case of Jayshree Vs. State of Kerala reported in (1976) 3 SCC 730 in support of his submission that for upliftment of local residents belonging to the Schedules Areas, the Governor can in exercise of powers conferred under para 5 of the Fifth Schedule stay any of the Act made by the Parliament and / or State and the same cannot be said to be affecting rights of the individual under Articles 16(2) and 16(3) of the Constitution of India. 9.0. Shri Vikas Singh, learned Senior Advocate appearing on behalf of some of the original petitioners has made further submission in support of the prayer to mould the relief to protect the services of the already appointed candidates as they participated in a fair process of selection in which no malpractice was involved. It is submitted that even today, there are more than 4000 posts available in the Scheduled Districts which are lying vacant. In support of his above prayer, it is urged that this Court, in the case of Chebrolu Leela Prasad Rao (supra) had saved the appointments already made. It is submitted that this was because at least 50% of the seats had been reserved for Scheduled Tribes only which was struck down by this Court. It is submitted that applying the said observations in the present case also this Court while exercising its extraordinary powers conferred under Article 142 of the Constitution of India may protect the appointments made in the State of Jharkhand as about 50% appointments of total advertised vacancies have been made till now. It is submitted that if the appointments already made are set aside pursuant to the impugned common judgment and order passed by the High Court, in that case, lakhs of children who go to the school would be without teachers which would be contrary to the constitutional mandate of Right to Education as provided under Article 21A of the Constitution of India. 9.1. It is submitted that thousands of innocent petitioners / teachers will be rendered unemployed as against 219 contesting respondents / interveners. That the paramount public interest demands that the appointments already made are not disturbed and the impugned judgment is made to apply only prospectively.

II. Even this Court has vide final order in the case of Chebrolu Leela Prasad Rao (supra) has saved the appointments;

III. That all the appointed candidates­ petitioners are appointed by a fair process of selection and they are all meritorious candidates;

IV. The Schools would be without teachers in case the petitioners are ousted from service. In SLP (C)No.12490 of 2020 about 1108 schools would be having no teachers and therefore, it may affect the education of the pupils. That the residents of the Scheduled Areas are also having right to education which is a fundamental right as provided under the Constitution of India. Therefore, if the petitioners and other already appointed teachers are removed, in that case, the schools would be without teachers and therefore, it may affect / hamper the education in the State of Jharkhand.