MANISH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These writ petitions have been filed by candidates who have undertaken the BTC-2013 Training Course and have given their final semester examinations but before their result of the final semester could be declared, the State Government by Notification dated 16.06.2016 granted permission for recruitment of 16448 Assistant Teachers in Primary Schools under the U.P. Basic Education Board with a rider that a candidate to be eligible to apply for appointment must hold minimum educational as well as training qualification by or before 16.06.2016. Aggrieved by the cut-off date so fixed these petitions have been filed assailing the same with additional prayers that their final semester examination results be declared and that they may be permitted to apply for the post. Considering that all these petitions raise common questions of law and on facts there are no issues, with the consent of learned counsel for the parties these petitions were heard together and are being decided by a common judgment.

(2.) In these writ petitions I have heard Sri. R.K. Ojha, Sri. G.K. Singh, learned senior counsels, Sri. Rahul Srivastava, Sri. Sreepra-kash Singh, Sri. Ganesh Mani Tripathi, Ms. Afshan Shafaut and Sri. Yogendra Kumar for the petitioners; learned Standing Counsel for the State; Sri. B. P. Singh and Sri. A.K. Yadav for the Basic Education Board, U.P. and the Basic Shiksha Adhikari of the districts concerned; and Sri. Ashok Khare, learned Senior Counsel assisted by Ashish Tripathi for the intervening respondents in Writ A No.30156 of 2016, which has been treated and heard as the leading case.

(3.) The record reflects that by government notification dated 29.07.2015, the Govt. of U.P. identified and approved creation of 19,948 posts of Assistant Teacher in Basic Schools run and established by U.P. Basic Education Board across various districts within the State with a declaration that posts would be filled in stages, dependent on the need to fill up the posts, subject to availability of budgetary support. Thereafter by government notification dated 14.12.2015 out of those 19,948 posts of Assistant Teacher, 3,500 posts were converted into that of Assistant Teacher (Urdu Language) with a declaration that the earlier government notification dated 29.07.2015 be treated as amended to that extent. Subsequently, by government notification dated 05.01.2016, a decision was taken to fill up those 3,500 posts of Assistant Teacher (Urdu Language) and guidelines were laid therein in respect of the recruitment process. Pursuant to that advertisements were published calling for applications from eligible candidates for those 3500 posts in various districts. The advertisements so published provided that a candidate must possess the requisite essential educational and training qualification by the last date fixed for online application registration. In respect of remaining 16,448 posts of Assistant Teacher that were identified and creation of which was approved by notification dated 29.07.2015, a government notification dated 16.06.2016 was issued thereby granting permission for recruitment on the said posts with a specific direction that only those candidates would be eligible for participation in the recruitment process, who possess the minimum educational/training qualification on the date of issuance of the government notification. It was observed in the notification that the Lucknow Bench of this Court in Writ Petition (S/S) No. 326 of 2016 (Mahendra Pratap Singh and seven others v. State of U.P. and others) had directed that in future selections, the date on which the eligibility is to be determined should be specifically fixed and not left to unforeseen circumstances as had arisen in that case. Pursuant to the said government notification, advertisements were issued by the Basic Shiksha Adhikari in various districts within the State of Uttar Pradesh calling for applications from eligible candidates against those 16,448 posts of Assistant Teacher by specifically providing in the advertisement that a candidate must possess minimum educational qualification/training qualification by 16.06.2016 as was directed by the Government Notification dated 16.06.2016. It is this cut-off date which has been assailed in these writ petitions.