JUDGMENT

MARKANDEY KATJU, J. -- Delay condoned.

2. Leave granted.

3. Since a common question of law is involved in the appeals filed by the State of U.P., Civil Appeal No.8034/2001 Basic Education Board, U.P. vs. Upendra Rai and others is taken as the leading case for consideration in dealing with these appeals. Civil Appeal No. 8034/2001 has been filed against the impugned judgment and order dated 18.2.2000 passed by a Division Bench of the High Court of Judicature at Allahabad in Special Appeal No. 25 of 2000 by which the Learned Division Bench set aside the judgment of Learned Single Judge dated 7.12.1999.

4. Before the Learned Single Judge the challenge was to the advertisement dated 28.4.1999 and the Government Circular dated 11.8.1997. The Learned Single Judge dismissed the writ petition, but in appeal the Division Bench set aside that judgment and also the impugned Government Circular and the advertisement and allowed the appeal. Against the judgment of the Division Bench, this appeal has been filed by special leave.

5. The question in this case and the connected appeals is about the qualification of the respondent for being ap