DIVYA PRAKASH MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) This bunch of writ petitions raise common question of law and fact and, therefore, are being disposed of by this common judgment. Writ Petition No. 9614 (Divya Prakash Mishra and 32 others Vs. State of U.P. and 3 others) is taken as the leading case.

(2.) All the writ petitioners have applied for appointment to the post of Assistant Teachers (L.T. Grade) in Secondary Schools run by State of U.P. which are recognized under the U.P. Intermediate Education Act, 1921. Appointments to the posts are governed by the Uttar Pradesh Subordinate Educational (Trained Graduates Grade) Service Rules, 1983 (hereinafter referred to as the 'Rules of 1983'). These rules have also been amended from time to time, reference to some of which are necessary.

(3.) On 28.2.2014, vide Third Amendment Rules introduced in the Rules of 1983, the weightage given hitherto to Post Graduate Qualification was done away with. The process of recruitment was thereafter initiated on 22.7.2014 for filling up 6645 posts of Assistant Teachers (L.T. Grade) in Government Secondary Schools. This recruitment process apparently faced multiple difficulties and only part of the vacancies could be filled against the advertised 6645 vacancies. Considering the difficulties faced in undertaking recruitment, the State introduced Fourth Amendment Rules on 19.10.2016 and the Regional Cadre for the service was substituted with State Cadre. After including leftover vacancies, a fresh advertisement came to be issued on 19.12.2016 inviting applications to fill up 5342 vacancies of Assistant Teachers (L.T. Grade) in Government Secondary Schools.