By the Court.—We have heard learned counsel for parties and perused the pleadings of special appeal.

2. This special appeal arises out of a judgment and order dated 28.9.2012, passed in Writ Petition No. 1267 (S/S) of 2012, whereby the petition was allowed with following findings :

“The impugned orders have been passed on the premise that the petitioner did not possess the required qualification, because the petitioner had passed intermediate from the Board of Higher Secondary Education, Delhi. The said course was not recognized by the respondents. The issue raised in this petition has already been decided in Civil Writ A No. -40841 of 2009 (Sarfaraz Ahmad v. State of U.P.) decided on 3.7.2012. Following needs to be noted from paragraph -18 and 20 of the said judgment :

“18-In absence of any specific condition in the Government Order dated 10.7.2007 with reference to High School or Intermediate qualification being the eligibility qualification for the purpose of admission in Special B.T.C. or under Rule 8(1) for the purpose of appointment as Assistant Teacher,no such innovation is permissible on the part of respondents on their own so as to add something which is not o