Hon'ble Sudhir Agarwal, J.—Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddharth Khare, learned counsel for the petitioners at length, learned Standing Counsel, Sri S.K. Verma and Sri R.A. Akhtar, Advocates for respondents.

2. Petitioners have assailed the validity of Rule 14 of U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as the "1981 Rules") as inserted by notification dated 9.11.2011 and further request to treat it inoperative in case this Court finds that conditions in advertisement dated 29/30.11.2011 is based upon the said Rules. They have also assailed the validity of advertisement dated 29/30.11.2011 issued by the Board of Basic Education in U.P. (hereinafter referred to as the "Board")

3. It would be appropriate first to notice the very Rule which has been assailed in this writ petition. It reads as under:

"14. Determination of vacancies and preparation of list.—(1) In respect of appointment, by direct recruitment to the post of Mistress of Nursery Schools and Assistant Master or Assistant Mistress of Junior Basic Schools under clause (a) of rule 5, the appointing authority shall determine the number of vacancies a