ASHUTOSH PRAKASH SINGH Vs. DISTRICT MAGISTRATE AMBEDKAR NAGAR

JUDGEMENT

(1.) These writ petitions raise common questions of fact and law and are being decided by this common judgment.

(2.) The petitioners in these writ petitions have applied for selection on the post of Prerak (Motivator) under different Gram Panchayats of district Ambedkar Nagar, pursuant to advertisement dated 3.12.2011. Their case is that they have past experience of working in various literacy programmes of the Government as Prerak/Social worker/Master trainer, in view of which, they are entitled to be selected on the post of Prerak. In some of the writ petitions, the petitioners have challenged the notification dated 19.9.2014 by the District Basic Education Officer, Amebedkar Nagar notifying the directions issued by Zila Lok Shiksha Samiti, which, inter alia, provides for award of quality point marks for higher educational qualification and past experience. It is contended that under the original advertisement dated 3.12.2011, they were entitled for appointment against the post of Prerak on priority (Prathmikta) basis, while the directives issued by Zila Lok Shiksha Samiti for award of quality point marks, for such experience, is contrary to the stipulation in the advertisement. It is contended that after the last date for accepting the applications under the advertisement i.e. 15.12.2011, the respondents were not empowered to issue the impugned notification dated 19.9.2014, as it amounts to modifying the terms and conditions, on which selection is to be made. A press notification dated 22.10.2014 issued by the office of District Basic Education Officer, Ambedkar Nagar, notifying that the word 'Prathmikta' in the advertisement dated 3.12.2011 be read as 'Variyata', is also under challenge, in one of the writ petitions. In some cases, another notification issued by the office of District Basic Education Officer, Ambedkar Nagar dated 20.10.2014 in sequel to earlier notification dated 19.9.2014, is also under challenge.

(3.) In essence, the contention of the petitioners is that they having past experience of working in the literacy programmes of the Government, form a separate class in themselves, are entitled for en bloc preference, akin to reservation and not mere additional marks by way of weightage. Consequently, the directives issued by the office of District Basic Education Officer, Ambedkar Nagar on 19.9.2014 providing for award of quality point marks for past experience, amounts to alteration in the conditions on which selection was to be held. The petitioners have accordingly prayed for certiorari quashing the notifications issued by the office of District Basic Education Officer, Ambedkar Nagar dated 19.9.2014, 20.10.2014 and 22.10.2014 and for mandamus directing the respondents to appoint them on the post of Prerak, in view of their past experience.