Dinesh Kumar Singh, J.

1. Heard learned counsel for the parties.

2. Under the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as "Rules, 1981") 50% post of Assistant Teachers in Senior Basic Schools are to be filled up by direct recruitment and 50% by way of promotion from the teachers of Junior Basic Schools. For direct recruitment of 29334 posts of Assistant Teachers of subjects, Science and Mathematics in Senior Basic Schools, the Government issued Notification dated 11th July, 2013, inviting applications from eligible candidates. This notification was later on amended on 23rd August, 2013.

3. The petitioners applied against the aforesaid posts of Assistant Teachers. After selections, counselling was held on 30th June, 2014 and, thereafter, appointment letters were issued to the candidates. The petitioners were not successful in the recruitment.

4. It is important to note that the Teacher Eligibility Test (hereinafter referred to as "TET") is an essential qualification for recruitment and appointment on the post of Assistant Teacher. The National Council for Teachers Education (hereinafter referred to as "NCTE") after promulgation of Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "Act, 2009") in exercise of powers conferred by sub-section (1) of Section 23 of Act, 2009 has laid down the minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII in a school as defined in clause (n) of Section 2 of the Act, 2009. Under this Notification, TET is an essential qualification for appointment in Senior Basic Schools and Junior Basic Schools.

5. Further, to supplement the aforesaid Notification dated 23rd August, 2013, NCTE has issued guidelines for conducting the TET by the appropriate Government. The aforesaid guidelines for conducting TET provide that a person, who secures 60% or more marks in the TET Exam, will be considered as TET pass. However, it is also provided that concessions to persons belonging to SC/ST, OBC, differently abled persons etc. can be given in accordance with their extant reservation policy. It is also provided that the weightage should be given to the persons having TET Certificate in the recruitment process, but qualifying the TET would not confer a right on any person for recruitment/employment as it is only one of the eligibility criterion for appointment.

6. On behalf of the petitioners, it is submitted that in relation to open category 60% scores is required to get the TET Certificate, whereas for reserved category candidate it is 55%. It is further submitted that reservation in selection and appointment of Assistant Teacher in pursuance of the Notification dated 11th July, 2010 has been accorded as per the provisions of the Government Order dated 25th March, 1994.

7. In the present petition, the petitioners have challenged the Government Order dated 25th March, 1994.

8. The Government Order dated 25th March, 1994 was issued to explain the provisions of U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (hereafter referred to as "Reservation Act, 1994").

9. Clause-IV of the aforesaid Notification provides that if a person belonging to reserved category finds place in merit list with general category candidate in the result of selection then the selection of such a person belonging to other reserved category candidate shall not be considered against the reserved post, even though such a reserved category candidate has availed any of the relaxation meant for reserved category candidate such as relaxation in age or availing any other facility for reserved category candidate. Section 3(6) of the Reservation Act, 1994 reads as under:-

"3(6) If a person belonging to any of the categories mentioned in subsection (1) gets selected on the basis of merit in an open competition with general candidates, he shall not be adjusted against