AZIM BUX Vs. ZILA BASIC SHIKSHA ADHIKARI

JUDGEMENT

(1.) The common question of law and facts are involved in these petitions and they are disposed of together.

(2.) These writ petitions are directed against the cancellation of the result of the examination held on 17.9.1995 by the respondents. The facts in brief are that the State Govenrment issued Government Order dated 13.9.1994 directing the authorities concerned to make appointment of Urdu Teachers in Senior and Junior Basic Schools run by the Basic Shiksha Parishad in different districts against the post in vacancies mentioned in the chart appended to the Government Order. As for Kanpur Dehat a direction was issued to make appointment of Urdu Teacher against 162 posts. The said Government Order also contained the qualification and the procedure relating to the appoinment of Urdu Teachers.

(3.) Zila Basic Shiksha Adhikari respondent No. 1 advertised the post for appointment of 162 Urdu Teacher in the newspaper in August, 1995 inviting the applications for appointment to the post of Assistant Teacher for teaching Urdu. In pursuance of the said advertisement about 1817 candidates applied and admit cards for written examination were issued to them, out of 1817 candidates more than 1200 candidates appeared in the written examination held on 17.9.1995. The names of 122 candidates, who were declared successful in the written examination were posted in the Notice Board of the examination centre on 5.10.1995. These candidates were called for interview on 10.10.1995. The interview was taken by the Selection Committee and it was found that several candidates, who were not even able to write a single line in Urdu were declared successful in the written examination. One candidate Smt. Asha Devi at the time of interview gave in writing that she cannot write Urdu. Another candidate, who was also declared successful in written examination namely Smt. Shushila Devi also could not write a word in in Urdu. One Laxmi Shanker, who was also declared successful in written examination could not write correct Urdu berofe the Selection Committee. The Selection Committee became suspicious and the matter was referred to the District Magistrate/Chairman of the Selection Committee. The District Magistrate/Chairman of the Selection Committee directed the Chief Development Officer and the Basic Shiksha Adhikari, Kanpur Dehat to enquire into the matter and submit their report. The Chief Development Officer and Basic Shiksha Adhikari submitted their detailed report on 13.10.1995 and in their report they clearly by stated that unfair practice was adopted in the written examination.