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2020 Supreme(All) 22

GOVIND MATHUR, CHANDRA DHARI SINGH
Ambrish Kumar – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Basic Education – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Himanshu Raghave, Apoorva Tewari, Durga Prasad Shukla
For the Respondent: C.S.C., Amrendra Nath Tripathi, Neeraj Chaurasiya, Pt. S. Chandra, Shashi Bajpai, Adv.

JUDGMENT :

Chandra Dhari Singh, J

1. As common questions of law and facts arise in all writ petitions and as such all these writ petitions are being decided together by this common judgment and order.

2. In the instant bunch of writ petitions, all petitioners have assailed the validity of the Rule (14(1)(a) of the U.P. Basic Education (Teachers) Service Rules, 1981, (in short 1981 Rules') which provides the appointing authority to invite applications from candidates possessing prescribed training qualification from the district concerned.

3. Petitioners, inter alia, have also challenged the condition 6 (Kha) as contained in the guideline dated 26.12.2016 issued by the Secretary, U.P. Basic Shiksha Parishad, Allahabad to the extent that the candidates doing B.T.C. Training shall be allowed to apply in the district of their training alone in the first instance. They have also prayed that they may be permitted to appear in the counselling of the other district of their choice removing "District Preference".

4. Brief facts of the case are that vide Government Order No.3300/79-5-201604127/2013 dated 15.12.2016, a selection process for appointing 12,460 Assistant Teachers in the Primary Schoo

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