FATMA PARVEEN Vs. STATE OF U P

JUDGEMENT

(1.) The State Government (Respondent No. 1) took a policy decision to appoint in the year 1995-96 about 5.000 Urdu Assistant Teachers in the Primary/ Upgraded Primary Schools, established and managed by the U. P. Basic Shiksha Parlshad. In this regard, a Government order No. 2709/15.5.95-75/95, dated 21.7.1995 was issued, providing that such appointments shall be made under the provisions of U. P. Basic Shiksha Adhyapak (Sewa Niyamawall), 1981 in pursuant to the aforesaid policy decision. The District Basic Shiksha Adhlkarl Issued a notice, published on 6.8.1995 in dally newspaper Amar Ujala. Meerut. Inviting applications for appointment on the posts of Urdu Assistant Teacher. A number of candidates applied for. After scrutiny, those found suitable, were allowed to appear in the competitive examination held on 10.9.1995. After evaluation of the performance in the competitive examination, a list of successful candidates was published on 15.9.1995. But, the appointment letters were not issued to the selected candidates for quite a long time, therefore, by means of this petition under Article 226 of the Constitution of India, the petitioners sought for a writ in the nature of mandamus directing the District Magistrate, Saharanpur, the respondent No. 5 and the Basic Shiksha Adhlkarl, Saharanpur, respondent No. 6 to Issue appointment letters to the petitioners.

(2.) Initially, this petition was filed by four petitioners, but later on. 10 others Joined the suit. They have been impleaded as petitioner Nos. 5 to 14.

(3.) During the pendency of the petition, the petitioners could know. that the District Magistrate, respondent No. 5 had already cancelled the selection list by order dated 11.10.1995 and fresh notice Inviting applications for appointment on the post of Urdu Assistant Teacher in the district has been Issued. Therefore, they sought, by amendment, to add in the prayer clause to the effect that :