STATE OF U P Vs. ANANT KUMAR TIWARI

JUDGEMENT

(1.) Special Appeal No. 404 of 2002, has been filed by the State of U.P. through Secretary, Education U.P. Government, Lucknow, Director, State Council of Educational Research and Training, Lucknow and the Director Basic Education, U.P., while the Special Appeal No. 365 of 2002, has been filed by District Basic Teachers Kalyan Samiti and three others after obtaining leave to appeal and the remaining special appeals have been filed by the selected candidates after obtaining leave to appeal against the judgment and order of the learned single Judge dated 21.3.2002 passed in Civil Misc. Writ Petition No. 37124 of 2001, Anant Kumar Tiwari and Ors. v. State of U.P. and Ors. and other connected writ petitions, whereby the learned single Judge had allowed all the writ petitions and had quashed the Government order dated 3.8.2001, the advertisement dated 14.8.2001. Government order dated 3.12.2001 and the process of selection, pursuant thereto at whatever stage it had reached before passing of the interim order dated 9.11.2001 and 3.12.2001. The learned single Judge has held that the Government order dated 3.8.2001 and the proportion of selection in pursuance thereto at whatever stage it has reached is per se, arbitrary, discriminatory and violative of Articles 14, 15, 16 and 21 of the Constitution of India, apart from the same being contrary to the U.P. Basic Education Act, 1972 and U.P. Basic Education (Teachers) Service Rules, 1981 and cannot be upheld.

(2.) We have heard the learned Advocate General, Sri R.N. Singh, learned senior counsel assisted by Sri A.P. Shahi, Sri P. S. Baghel and Sri M. D. Singh Shekhar for the appellants and Sri Shailendra, learned counsel appearing for the respondent-writ petitioners.

(3.) Briefly stated the facts giving rise to the present special appeals are as follows :