SECRETARY BASIC SHIKSHA PARISHAD Vs. VINAY KUMAR PANDEY

JUDGEMENT

(1.) Delay in filing of defective appeals are explained to the satisfaction of the Court. Delay Condonation Applications are allowed. The appeals are treated to be filed within time and taken up on board for hearing with the consent of learned counsel for the parties.

(2.) This bunch of special appeals arise out of the judgment of learned Single Judge dated 12.1.2024, passed in a batch of writ petitions raising similar questions of law and fact. While disposing of the writ petitions, learned Single Judge has allowed the claim of 12091 shortlisted candidates for appointment as trainee teachers while claim of others, who claimed parity with the 12091 shortlisted candidates on the ground that their performance was similar or superior has been rejected. To the extent claim of 12091 shortlisted candidates are allowed the State of Uttar Pradesh and the Secretary, Basic Shiksha Parishad, Uttar Pradesh, Allahabad are aggrieved and have filed Special Appeal Nos.160 of 2024 and 175 of 2024. Other Special appeals are preferred by those candidates whose claim of parity with 12091 shortlisted candidates is rejected by the Learned Single Judge. The special appeal no.160 of 2024 filed by the Secretary, Basic Shiksha Parishad, Uttar Pradesh, Allahabad is taken as the lead case.

(3.) Basic Shiksha Parishad is an authority established under Section 3 of the Uttar Pradesh Basic Education Act, 1972 (hereinafter referred to as the 'Act of 1972'). It is entrusted with the task of managing basic education in State of Uttar Pradesh. Section 2(b) of the Act of 1972 defines basic education to mean education upto VIIIth Class imparted in schools other than High Schools or Intermediate Colleges. Recruitment of teachers in educational institutions established by the Basic Shiksha Parishad (also known as 'Board') are governed by the provisions contained in Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as the 'Rules of 1981').