U.P. BOARD OF BASIC EDUCATION THROUGH ITS CHAIRMAN/DIRECTOR OF EDUCATION (BASIC) AND THE BASIC EDUCATION OFFICER Vs. SMT. GULERANA W/O SRI MD. SALEEM,

JUDGEMENT

(1.) THIS special appeal by Basic Shiksha Adhikari, Allahabad and 17.P. Board of Basic Education, Allahabad is directed against the judgement dated 24.11.2003 passed in Civil Misc. Writ Petition No. 14808 of 1996 (Gulerana and Anr. v. State of U.P. and Ors.) which was decided together with Civil Misc. Writ Petition No. 31105 of 1996 (Noorulhuda Ansari and Ors. v. State of U.P. and Ors.). The respondents are Smt. Gulerana and Km. Nahid Anzum who were petitioners in Civil Misc. Writ Petition No. 14808 of 1996. So far as they are concerned, the Hon'ble Single Judge in Civil Misc. Writ Petition No. 14808 of 1996 directed the respondents to issue appointment letters in their favour as Urdu Teachers within two months from the date of order with all consequential benefits alongwith other persons selected with them.

(2.) IT would be proper to give resume of relevant facts leading to this appeal. An advertisement was published by the appellants ( respondents in writ petition) in newspaper dated 5.8.1995 inviting applications "for selection to the post of Assistant Teachers/Primary Urdu Teachers. The selection was to be made according to U.P. Basic (Education) Teachers Service Rules, 1981 ( in short 'Rules of 1981'). The Government issued a Government Order No. 2709 dated 21.7.1995 providing procedure for appointment of Urdu Teachers in schools run by the U.P. Basic Shiksha Parishad so as to implement the decision for appointing 5 000 Urdu Teachers in the State. It was to supplement the provisions of Rules of 1981 whereunder the appointments were to be made, though the said rules do not contain any specific provision regarding Urdu Teachers. Clause 9,10 and 12 of Government Order dated 21.7.1995 read as under: . . . . VERNACULAR TEXT OMMITED. . . .

(3.) WE have heard Sri Pradeep Kumar counsel for the appellants and Sri M.A. Qadeer for the respondents.