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2019 Supreme(All) 407
HIGH COURT OF JUDICATURE AT ALLAHABAD BENCH AT LUCKNOW
Rajesh Singh Chauhan, J.
Mohd Rizwan And Others - Appellants
Vs.
State of U.P. Thru Prin Secy Basic Education, Lko And Others - Respondents
Service Single No. 1188, 1389, 1343, 2720, 1383, 1386, 1367, 1366, 1390, 1408, 1458, 1508, 1564, 1569, 1580, 1588, 1595, 1599, 1601, 1604, 1619, 1621, 1622, 1623, 1610, 1624, 1625, 1647, 1648, 1656, 1662, 1769, 1784, 1876, 1664, 1778, 1832, 1865, 1869, 1872, 1875, 1666, 1997, 2163, 2039, 2132, 2243, 2261, 2301, 2312, 2486, 2572, 2600, 2601, 3428, 2928, 2603, 2906, 2697, 2731, 2848, 2858, 2943, 3027, 3069, 3107, 3577, 3586, 3545, 3621, 3622, 3673, 3687, 3740, 3735, 3904, 3908, 3943, 4114, 4245, 4505, 4640, 4173, 4183, 4785, 4335, 4002, 4117, 4177, 4186, 4219, 4635, 4180, 4187, 4491, 4519, 4671, 4672, 5292 of 2019
Decided On : 29-03-2019
Amit Kr Singh Bhadauriya, Adv., Upendra Nath Misra, Adv., Ajay Kumar, Adv., Amrendra Nath Tripathi, Adv., Anand Mani Tripathi, Adv., Durga Prasad Shukla, Adv., Manoj Kumar Awasthi, Adv., Pradeep Shukla, Adv., Prashant Chandra, Adv., Ran Vijai Singh, Adv., Ravi Kishore Joshi, Adv., Laltaprasad Misra Avdhesh Shukla, Adv., Manoj Kr Awasthi, Adv., Meenakshi Singh Parihar, Adv., Anshuman Singh Rathore, Adv., Agnihotri Kumar Tripathi, Adv., Sushil Prakash Pandey, Adv., Ajay Kumay, Adv., Manoj Kumarawasthi, Adv., Anand Pal Singh, Adv., M.K. Awasthi, Adv., Rajeev Kumar Srivastava, Adv., Nand Kishore Patel, Adv., Sanjay Kumar, Adv., Onkar Singh Kushwaha, Adv., Himanshu Ragahave, Adv., Shailesh Tripathi, Adv., Omkar, Adv., Lakshmana Singh, Adv., Pramod Kumar Verma, Adv., Badrish Kumar Tripathi, Adv., Sukh Deo Singh, Adv., Paritosh Shukla, Adv., Ajai Vikram, Adv., Sunil Kumar, Adv., Manendra Nath Rai, Adv., Uzma Afsar, Adv., Kalika Prasad Pandey, Adv., Pawan Kumar Pandey, Adv., Pravesh Yadav, Adv., Vinod Kumar, Adv., Sharad Pathak, Adv., Preeti Mala, Adv., Sanjay Kumar Singh, Adv., Bipin Kumar Rai, Adv., Kuldeep Singh Kalhans, Adv., Ashok Kumar Yadava, Adv., Anil Kumar Pandey, Adv., Harjot Singh, Adv., Ajai Kumar, Adv., Saurabh Goswami, Adv., Vivek Kumar Rai, Adv., Piyush Mishra, Adv., Manushresth Misra, Adv., Pramod Kumar Pandey, Adv., Sanjay Kumar Verma, Adv., Vimalyadav, Adv., Vinod Kumar Gupta, Adv., Om Prakash Mani Tripathi, Adv., Jay Prakash Singh, Adv., Rajesh Kumar Pathak, Adv., Ajay Kumar Dinesh Kumar, Adv., Avadhesh Kumar Pathak, Adv., Ramesh Kumar, Adv., Raj Kr Singh Suryvanshi, Adv., Rajesh Kumar Verma, Adv., Aditya Vikram Singh, Adv., Dinesh Kumar Tripathi, Adv., Ram Kumar Singh, Adv., Dinesh Kumar, Adv., Vijay Kumar Asthana, Adv., Mohit Dwivedi, Adv., Himanshu Raghavedharmendra Kumar Gupta, Adv., Himanshu Hemant Gupta, Adv., Akhand Pratap Singh, Adv., Naveen Kumar Kashyap, Adv., Deo Prakash Srivastava, Adv., Puttan Singh, Adv., Rakesh Kumar Singh, Adv., Pankaj Kumar, Adv., Vinay Prakash Tiwari, Adv., Sudhir Kumar Pandey, Adv., Rama Niwas Pathak, Adv., Praveen Kumar Tripathi, Adv., Sri Niwas Jaiswal, Adv., Pawan Kumar Misra, Adv., Pramod Kumar Singh, Adv., Mohd Shameem Khan, Adv., Satyendra Kumar Tiwari, Adv., Suresh Chandra Srivastava, Adv., Savita Tiwari, Adv., Tripathi, Adv., Anurag Misra, Adv., Satyendra Kumar Mishra, Adv., K.P. Pandey, Adv., Yadav, Adv., Lalit Kishore Tiwari, Adv., Amit Tewari, Adv., Avadhesh Mishra, Adv., Nasreen Bano, Adv., Manish Nigam, Adv., Prabhat Kumar, Adv., Bhup Chandra Singh, Adv., Shiwa Sagar Singh, Adv., Ajay Madhavan, Adv., Onkar Singh Kushwaha Alok Kr, Adv., Anupam Dwivedi, Adv., Abhishek Kumar, Adv., Neelesh Kumar, Adv., Prabhat Mishra, Adv., Sudhir Kumar Singh, Adv., Dhyan Pal Singh, Adv., Sooraj Lal, Adv.
Rajesh Singh Chauhan, J.
The order under challenge is Government Order bearing No.46/68-4-2019-2056/2019 dated 7.1.2019 issued by the Special Secretary, Basic Education Anubhag-4, Government of U.P., Lucknow fixing the minimum qualifying marks for Assistant Teacher Recruitment Examination, 2019 as 65 % for general category and 60% for reserved category. Undisputedly, no minimum qualifying marks have been fixed vide Government Order dated 01.12.2018 and notification/ advertisement dated 05.12.2018, pursuant to which, the examination in question has been conducted on 6.1.2019. Undisputedly, the exercise for fixing minimum qualifying marks have been started pursuant to the letter bearing no. B.Sh.P.-16426-27/2018-19 dated 5.1.2019 preferred by the Secretary, Board of Basic Education to the Government making request for fixation of minimum qualifying marks for the examination in question, meaning thereby, the State Government must be intending something other way to declare the result of Assistant Teacher Examination, 2019.
2. Since the issue involved in these batch of writ petitions is common, therefore, all these writ petitions are being decided by the common judgment. Learned counsel for the respective parties are also agreeable that all these writ petitions be decided by the common judgment.
3. The prayers of all the writ petitions are almost common, which are as under:-
I. A writ in the nature of certiorari be issued quashing the Government Order dated 7.1.2019.
II. A writ in the nature of mandamus be issued directing the Secretary, Examination Regulatory Authority to declare the result of Assistant Teacher Recruitment Examination, 2019 for 69,000/- vacancies in terms of Government Order dated 1.12.2018.
4. In Writ Petition No.2720 (S/S) of 2019 since the process of taking decision to fix the minimum qualifying marks vide Government Order dated 7.1.2019 has been impeached, besides above relief, therefore it has been requested that before quashing the Government Order dated 7.1.2019, relevant records be also summoned.
5. To deal with the issue there are some Act, Rules, Regulations, Amended Rules which have been applied herein, therefore, those have been reproduced herein below:
"A. The Uttar Pradesh Basic Education Act, 1972:
2(i)(b) "basic education" means education up to the eighth class imparted in schools other than high schools or intermediate college, and the expression "basic schools" shall be construed accordingly;
2(i)(c) "Board" means the Uttar Pradesh Board of Basic Education constituted under Section 3;
2(i)(e) "Local body" means the [Zila Panchayat or Municipality] as the case may be;
[2(i)(f) "Municipality" means a Nagar Panchayat, Municipal Council or Municipal Corporation, as the case may be.
3. Constitution of Board.-
(3) The Board shall consist of the following members, namely -
(a) the Director, ex officio, who shall be the chairman;
(b) two persons to be nominated by the State Government from amongst the Adhyakshas, if any, of [Zila Panchayats established under Section 17 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961];
(c) one person to be nominated by the State Government from amongst the Nagar Pramukhs, if any, of the [Corporations constituted under Section 9 of the Uttar Pradesh Municipal Corporation Act, 1959];
(d) one person to be nominated by the State Government from amongst the Presidents, if any, of the [Municipal Council and Nagar Panchayats established under the Uttar Pradesh Municipalities Act, 1916];
(e) the Secretary to the State Government in the Finance Department, ex officio;
(f) the Principal, State Institute of Education, ex officio;
[(f1) the Secretary, Board of High School and Intermediate Education, Allahabad, ex officio;
(f2) the President of the Uttar Pradesh Prathamik Shikshak Sangh, ex officio;]
(g) two educationists to be nominated by the State Government;
