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2013 Supreme(All) 2636

Ashok Bhushan, Vipin Sinha
Shiv Kumar Pathak – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel :
V.K. Singh, G.K. Singh, Abhishek Srivastava, Asheesh Mani Tripathi, Shashi Nandan, Siddharth Khare, Ashok Khare, Sadanand Mishra, Seemant Singh, Navin Kumar Sharma, Shailendra, Pankaj Lal, Indra Raj Singh, Kshetresh Chandra Shukla, Manoj Kumar Dubey, Alok Mishra, Vijay Shankar Tripathi, Vinod Shankar Tripathi, Hemant Kumar Rai, Jagdish Pathak, R.K. Mishra, G.K. Mishra, Murtuza Ali, Irshad Ali, Vijay Chaurasia, Neeraj Tiwari, Laxmi Narain Mishra for the Appellants; C.S.C., A.K. Yadav, Bhanu Pratap Singh, C.B. Yadav, Shyam Krishna Gupta, R.A. Akhtar, B.P. Singh, Mrigraj Singh, S. Nadeem Ahmad, Ram Chandra Singh, R.B. Pradhan, Sanjay Chaturvedi, Y.S. Bohar, H.K. Yadav, Ayank Mishra, Ashok Kumar for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—All these special appeals filed against the same judgment of learned Single Judge dated 16.1.2013 being connected, have been heard together and are being decided by this common judgment. The appellants possessing B.Ed. qualification and Teachers Eligibility Test had applied against 72,825 posts of Teachers of primary schools advertised on 30.11.2011, which selection was to take place on the basis of marks obtained in Teachers Eligibility Test, filed the writ petitions challenging the decision of the State Government by which Teachers Eligibility Test was decided to be only a minimum qualification and not the basis of selection. The petitioners had also prayed for completion of selection process on the basis of advertisement dated 30.11.2011. Learned Single Judge although held that neither criteria for selection can be changed after start of selection process nor there was sufficient reason for not proceeding with the selection advertised on 30.11.2011, denied the relief to the petitioner-appellants only on the ground that there being no cadre of ‘Trainee Teacher’ under the U.P. Basic Education (Teachers) Service Rules, 1981, the advertisement date






































































































































































































































































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