LAWS(ALL)-2018-10-167

SHIKHA MALVIYA Vs. STATE OF U.P.

Decided On October 04, 2018
Shikha Malviya Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The instant special appeal has been preferred against the judgment and order dated 13.04.2018 passed by the learned single Judge in Writ-A No. 8334 of 2018 (Shikha Malviya and another Vs. State of U.P. and others), by which the writ petition was dismissed on the basis of judgment and order dated 13.4.2018 passed in Writ-A No. 48664 of 2017 (Himanshu Shukla and another Vs. State of U.P. and others).

(2.) Brief facts of the case necessary to be noted for deciding the issues raised in the appeal are that the State Government issued Government Order dated 207.2014 for filling up 6645 posts of Assistant Teacher (L.T. Grade) in the Government Secondary Schools and in pursuance thereof the Regional Joint Directors of Education made advertisement for filling up the vacancies requisition in their particular region. Out of 6645 posts, almost 2200 posts of Assistant Teacher (L.T. Grade) could be finalized and candidates were given appointments. The remaining posts could not be filled up on one difficulty or the other.

(3.) In pursuance to the advertisement issued in the month of Sept. and Oct. 2014, applications have been invited for the post of Assistant Teacher (L.T. Grade) in various Government Secondary Schools within the domain of State of U.P. and in response thereto, the appellants/petitioners have submitted dully filled applications before the concerned authorities. During the selection process the appointing authorities faced several difficulties on account of post being that of regional cadre and having multiple appointing authorities across the State. Keeping in view the difficulties arising out of multiplicity of appointing authorities, regional cadre and other associated problems, amendments were proposed in the U.P. Subordinate Education (Trained Graduate Grade) Service Rules, 1983 [hereinafter referred to as 'Rules of 1983'].