Point of law:
Rule 5(a)(ii)(c) a shikshamitra who possessed bachelors degree from a University established by law in India or a degree recognised by the Government equivalent thereto and has completed successfully two years distant learning B.T.C. course or Basic Teacher's Certificate (B.T.C.), Basic Teacher's Certificate (B.T.C.) (Urdu) or Vishisht B.T.C. conducted by the State Council of Educational Research and Training (SCERT) and passed the Teacher Eligibility Test conducted by the Government or by the Government of India.

JUDGMENT :

Karunesh Singh Pawar, J.

1. Heard Sri Raghvendra Singh, Advocate General assisted by Sri Abhinav N. Trivedi, learned Additional Chief Standing Counsel for the appellants, Sri Upendra Nath Mishra, learned Senior Counsel assisted by Sri Amit Kumar Singh Bhadauriya, learned Counsel for private respondents (original writ petitioners) and Sri H. N. Singh, learned Senior Advocate assisted by Sri Agnihotri Kumar Tripathi for the respondents in Special Appeal No.207 (D) of 2019, Sri S. K. Kalia, learned Senior Counsel assisted by Sri Durga Prasad Shukla, learned Counsel for the appellants and Sri H. G. S. Parihar, learned Senior Counsel assisted by Sri Prashant Kumar Singh & Ms. Minakshi Singh Parihar, for the respondents in Special Appeal No.157 of 2019, Sri Prashant Chandra, learned Senior Counsel assisted by Ms. Meha Rashmi for the appellants in Special Appeal No. 165 (D) of 2019, Sri Anil Tewari, learned Senior Counsel assisted by Sri Durga Prasad Shukla, Sri Amrendra Nath Tripathi and Sri Pawan Awasthi, learned Counsel for the appellants, Dr. L. P. Mishra & Sri Avadesh Shukla for the respondents and Sri Humanshi Raghav, learned Counsel for the interveners on behalf of Shhika Mitra in Special Appeal No.156 (D) of 2019 and Sri Jaideep Narain Mathur, learned Senior Counsel assisted by Sri Gaurav Mehrotra & Ms. Ishita Yadu, learned Counsel for the appellants in Special Appeal No.158 of 2019.

2. This Special Appeal alongwith the connected matters has, with the consent of parties, been taken up for disposal together since the issues raised are identical.

3. These Special Appeals arise out of judgment and order dated 29.3.2019 passed in Writ Petition No.1188 (SS) of 2019 and other connected matters filed by Shiksha Mitras challenging the Government Order dated 7.1.2019, by which the State Government has fixed the qualifying marks of Assistant Teacher Recruitment Examination - 2019 at 60% - 65% (for general and reserved category respectively). The facts are being narrated from Mohd. Rizwan and others v. State of U.P. and others (Writ Petition No. 1188 (SS) of 2019).

4. The reliefs sought in the aforesaid writ petitions were:

(a) A writ of Certiorari quashing the Government Order dated 7.1.2019; and

(b) A writ of mandamus directing the Secretary, Examination Regulatory Authority to declare the result of the ATRE - 2019 for 69,000 vacancies in terms of the Government Order dated 1.12.2018.

5. The main grounds of challenge of the writ petitions to the policy decision were:

(a) Upon qualifying the TET examination prescribed by the NCTE, the Shiksha Mitras constituted a 'homogeneous class' and increasing the qualifying marks from 40-45% (as notified for ATRE - 2018) to 60-65% for ATRE - 2019 amounted to discrimination and nullification of the benefit granted to them by the Apex Court in Anand Kumar and others v. Union of India and others v. Union of India and others and connected writ petitions [(2018) 13 SCC 560]. The fixation of cut-off marks at 60%-65% was arbitrary and with a view to eradicate/disqualify the petitioners (Shiksha Mitras) from being appointed on the post of Assistant Teacher; and

(b) There was a change in the rules of the game after the game had been played as the impugned Government Order notifying the qualifying marks was issued on 7.1.2019, i.e., a day after holding the ATRE - 2019 examination on 6.1.2019.

6. The learned Writ Court allowed the writ petitions and quashed the Government Order dated 7.1.2019 fixing the minimum qualifying marks for Assistant Teacher Recruitment Examination, 2019 as 65% for General Category and 60% for reserved category and directed to declare the result of Assistant Teacher Recruitment Examination, 2019 in terms of Government Order dated 1.12.2018 and also notification/advertisement dated 5.12.2018, ignoring the Government Order dated 7.1.2019, in the same manner as the earlier resul