Point of Law: Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.

JUDGMENT :

1. This bunch of writ petitions raise common question of law and fact and, therefore, are being disposed of by this common judgment. Writ Petition No. 9614 (Divya Prakash Mishra and 32 others Vs. State of U.P. and 3 others) is taken as the leading case.

2. All the writ petitioners have applied for appointment to the post of Assistant Teachers (L.T. Grade) in Secondary Schools run by State of U.P. which are recognized under the U.P. Intermediate Education Act, 1921. Appointments to the posts are governed by the Uttar Pradesh Subordinate Educational (Trained Graduates Grade) Service Rules, 1983 (hereinafter referred to as the 'Rules of 1983'). These rules have also been amended from time to time, reference to some of which are necessary.

3. On 28.2.2014, vide Third Amendment Rules introduced in the Rules of 1983, the weightage given hitherto to Post Graduate Qualification was done away with. The process of recruitment was thereafter initiated on 22.7.2014 for filling up 6645 posts of Assistant Teachers (L.T. Grade) in Government Secondary Schools. This recruitment process apparently faced multiple difficulties and only part of the vacancies could be filled against the advertised 6645 vacancies. Considering the difficulties faced in undertaking recruitment, the State introduced Fourth Amendment Rules on 19.10.2016 and the Regional Cadre for the service was substituted with State Cadre. After including leftover vacancies, a fresh advertisement came to be issued on 19.12.2016 inviting applications to fill up 5342 vacancies of Assistant Teachers (L.T. Grade) in Government Secondary Schools.

4. All the petitioners in the present bunch of writ petitions were eligible for the post and consequently applied online as per the advertisement dated 19.12.2016 by deposing necessary fee etc. Rule 10 of the Rules of 1983 required an applicant to be above 21 years of age as on 1.7.2016, but below the age of 40 years on that day. This recruitment, however, could not be concluded apparently due to change in the recruitment policy and a decision was taken to discontinue the recruitment. The advertisement was cancelled. The Rules of 1983 were amended yet again vide Fifth Amendment Rules, 2017 as per which the appointments were to be made through the U.P. Public Service Commission by holding a written examination. A fresh advertisement came to be issued on 15th March, 2018 advertising 10768 posts of Assistant Teachers (L.T. Grade) in Government Secondary Schools. These posts apparently included 5342 vacancies advertised earlier on 19.12.2016 against which the petitioners had applied.

5. Petitioners, who were eligible and had already applied against the previous Advertisement, dated 19.12.2016, however, became overage by the time fresh Advertisement was published on 15.3.2018. It is at this stage that the petitioners approached this Court by filing the present writ petition. It was contended that vacancy on the post of Assistant Teacher (L.T. Grade) had not only arisen when petitioners were eligible in terms of age but were also advertised and, therefore, petitioners acquired right to be considered for appointment against such advertised vacancy and such right could not be defeated in the manner as has been done by the State. The writ petition was entertained and following interim protection was granted in the leading case on 11.4.2018:-

“Thirty three petitioners are before this Court in the present petition contending that they had applied pursuant to advertisement issued in December, 2016 for recruitment to the post in question and that they possessed the requisite eligibility in terms of the advertisement as well as the Rules then enforced. The State Government has cancelled the recruitment process initiated in 2016. A fresh process is now initiated, in which the petitioners are not eligible as they have crossed the maximum age of 40 years