(1.) This Special Appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 2381 of 2018 dated 11.12.2018.
(2.) The appellant herein filed Writ Petition (S/S) No. 2381 of 2018 seeking a writ of mandamus directing the respondent-State Government to send the amended requisition of 151 vacancies of Assistant Teacher, L.T. Grade (Arts), in terms of the proviso to Rule 5 of the Assistant Teachers Trained Graduate Service Rules, 2014 (for short the '2014 Rules'), to the examining body for inclusion of the same in the advertisement dated 03.01.2017; and for a writ of mandamus directing the selecting body to issue a corrigendum, to the advertisement dated 03.01.2017, revising the vacancies of the posts of Assistant Teacher, L.T. Grade (Arts) by 60% i.e. by including 151 unfilled vacancies of the promotional quota of the year 2014 as provided in the proviso to Rule 5 of the 2014 Rules.
(3.) This case has had a checkered history. Sri Raghuwant Rawat and others had earlier invoked the jurisdiction of this Court by way of Writ Petition (S/S) No. 2339 of 2016 wherein they contended that, in terms of Rule 5 of the 2014 Rules, 60% of the posts of Assistant Teachers LT Grade were required to be filled up by direct recruitment, 30% by way of promotion on the basis of seniority subject to rejection of the unfit, where the feeding cadre was that of Assistant Teachers and Head Masters in Primary and Senior Primary Schools, and the remaining 10% of the posts of Assistant Teachers L.T. Grade were required to be filled up by way of a competitive examination from the same feeding cadre of Assistant Teachers and Head Masters in Primary and Senior Primary Schools. In terms of the proviso to Rule 5 if, in a particular year, 40% of the posts to be filled up by way of promotion cannot be filled up because of shortage of eligible candidates from amongst the feeding cadre, such posts should be carried forward for the next selection year, and then be filled up by way of direct recruitment.
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