Hon’ble Mahesh Chandra Tripathi, J.—Heard Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare, Alok Mishra for the petitioners and Shri M.C. Chaturvedi, learned Additional Advocate General assisted by Dr. Rajeshwar Tripathi, CSC-II and Shri Bipin Bihari Pandey, ACSC for the State respondents as well as Shri Ashok Kumar Yadav for Secretary, U.P. Basic Education Board, Allahabad.

2. In this group of cases, the petitioners have prayed for a writ, order or direction in the nature of mandamus directing the respondents to get their answer sheets of U.P. Teachers’ Eligibility Test-2017 (in brevity, TET 2017) evaluated and to declare their result of TET 2017 after rectifying the mistake. In Writ A Nos. 1713 of 2018 and 1868 of 2018 the petitioners have prayed for evaluating question Nos. 41 and 50 of the question booklet series and award the marks of the said questions to them.

3. For the sake of convenience, the facts of Writ A No. 841 of 2018 are being noted below :

4. Kanchan Bala and 172 others are before this Court with the following prayer :

“(i) a writ, order or direction in the nature of certiorari quashing the declaration of the result of the petitioners by the Examination Regulatory Authority, U.P. Allahabad by treating their OMR sheet to be invalid and not having proceeded to evaluate the same.

(ii) a writ, order or direction of a suitable nature commanding the respondents to forthwith get the answer sheets of the petitioners pertaining to U.P. Teachers Eligibility Test 2017 evaluated and to declare the result within a period to be specified by this Hon’ble Court.

(iii) a writ, order or direction of a suitable nature commanding the respondent to permit the petitioners’ participation/consideration in the forthcoming recruitment of Assistant Teacher for Junior Basic Schools in the State of UP.”

5. Record in question reflects that U.P. Basic Education Board constituted under the U.P. Basic Education Act, 1972 is running various Junior Basic Schools and Senior Basic Schools from Classes-I to VIII. The criteria and procedure for selection is regulated by the U.P. Basic Education (Teachers) Service Rules, 1981. For achieving planned and coordinated development of the teacher education system throughout the country and for the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith, the National Council for Teachers Education Act, 1993 was enacted by the Parliament. The Right of Education having been recognised as a fundamental right under the Constitution of India and the State being responsible to provide free and compulsory education to the children up to 6 to 14 years, Parliament enacted the Right of Children to Free And Compulsory Education Act, 2009 (in short, the Act of 2009). Under Section 23 of the Act of 2009 the National Council for Teacher Education has been authorised by the Central Government to lay down minimum qualifications for appointment of teachers. The National Council for Teacher Education vide notifications dated 23.8.2010 and 29.7.2011 laid down various qualifications for appointment of teachers. Passing of Teachers’ Eligibility Test has been laid down as one of the qualifications, which is to be possessed by a candidate for appointment as a teacher. On 11.2.2011, the National Council for Teacher Education has also issued guidelines for conducting Teachers Eligibility Test and in pursuance, thereof the State Government has been holding U.P. Teachers’ Eligibility Test (UPTET). The first such test was held in the year 2011 by the Board of High School and Intermediate Education, U.P. Allahabad. Thereafter the State Government issued Government order dated 7.9.2011 notifying the modalities for holding UPTET-2011 by the Board of High School and Intermediate Education. On 9.11.2011, Rules of 1981 were amended by 12th