By the Court.—The U.P. Secondary Education Service Selection Board, constituted under the U.P. Secondary Education Service Commission and Selection Board Act, 1982, has filed this Special Appeal through its Secretary, challenging the judgment of learned Single Judge dated 30.11.2009 in Writ Petition No. 40377 of 2008, allowing the writ petition and holding that the filling up of the advertised vacancies, subject-matter of Advertisement No. 1 of 2005, (a) by adjustment in exercise of powers under Rule 13 (5) of the U.P. Secondary Education Service Selection Board Rules, 1998, of candidates selected in pursuance to the earlier advertisement; (b) by transfer of candidates from other institutions against advertised vacancies; (c) by compassionate appointment; (d) by promotion and (e) by absorption of subject experts under Section 31-E, is patently illegal and in the teeth of the provisions of the Act of 1982 and the Rules of 1998 framed thereunder. The Court held that all such kind of appointments against advertised vacancies were illegal and appropriate action be taken by the authorities within four weeks of filing a certified copy before the Secretary, Secondary Education, Government of UP, Lucknow. The Court issued further directions to complete the process of selection in respect of all the advertised vacancies except 57 posts which were wrongly advertised, within four months by inviting necessary number of candidates, with reference to their merit in written examination and quality point marks, for interviews and by declaring the final results within two months.

2. Brief facts giving rise to the writ petition were, that in order to fill up 399 vacancies of teachers in trained graduates grade in the subjects of ‘Social Sciences; in different recognized and aided High School and Intermediate institutions, the UP Secondary Education Services Selection Board (the Board), issued Advertisement No. 1 of 2005 on 17.9.2005, inviting applications from eligible candidates. The petitioners and large number of candidates applied. After the results of the written examination were declared, and before the interviews could take place, Dr. Ramesh Chandra Pandey and others preferred Writ Petition No. 43013 of 2006. The Court by its judgment dated 24.7.2007 (reported in 2007 (7) ADJ 218) quashed the selections as a whole, on the ground that the Advertisement No. 1 of 2005 was replete with illegalities at every stage, with directions :

“1. The U.P. Secondary Education Services Selection Board get correct keys obtained afresh in respect of all the subjects of written examination held. For the purpose of obtaining the correct key answers, the Board shall forward the question papers to a team of experts to be appointed with the approval of the Vice Chancellor of the Allahabad University, which may comprise of Professors and Readers of the University of Allahabad (Central University). After the correct key-answers are obtained from the team of experts, the same shall be feeded in the computer and the answer sheets of all the candidates, who have appeared in the written examination, shall be reevaluated. The Board shall thereafter declare the list of the successful candidates on the basis of merit so prepared category-wise for participation in interview.

2. The candidates, who have appeared from changed centres or who have been allotted new roll numbers by the Chairman/Secretary of the Board or were otherwise ineligible for appearance in the written examination, shall be excluded from the zone of consideration and their answer sheets shall not be evaluated as per the statement made by Sri U.N. Sharma, Counsel for the Board, as noticed in the order of the Court dated 10.10.2006 and dated 14.11.2006.

3. The number of candidates to be invited for interview shall be confirmed to the ratio fixed under sub-clause (6) of Rule 12 of the U.P. Secondary Education Services Selection Board Rules, 1998 and no candidate beyond the prescribed ratio shall b