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Rohit Kumar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. The batch of petitions involve similar controversy, therefore, on request of the learned counsels for the parties, the writ petitions are being decided by a common judgment and order.
2. Heard Sri H.N. Singh, learned Senior Advocate, assisted by Sri Man Bahadur Singh and Sri Agnihotri Kumar Tripathi, learned counsels appearing for the petitioners. In all other matters, learned counsels for the petitioners have adopted the arguments advanced by learned Senior Advocate. Smt. Archana Singh, learned Addl. Chief Standing Counsel has advanced arguments on behalf of State; Sri Yatindra, Sri Vikram Bahadur Singh, Sri Arun Kumar and Sri Sanjy Kumar, Advocates, have put in appearance on behalf of Uttar Pradesh Board of Basic Education and have advanced their submissions.
3. Facts of writ petition No.–988/2021 is being referred to for the sake of convenience. The facts, interse, parties is not in dispute.
4. Petitioners, herein, are working in Junior Basic Schools in various districts of Uttar Pradesh, run and managed by the Uttar Pradesh Board of Basic Education, Board. Petit
Point of Law : Executive action to escape wrath of Art. 14 has to be fair, reasonable, non-discriminatory, transparent, non-capricious, unbiased, without favouritism, in pursuit of appointment and eq....
The circular issued by the Board of Basic Education allowing candidates from zero vacancy districts to participate in the selection process for the post of Assistant Teachers was valid as it was in c....
Point of law: An order of transfer of an employee is a part of the service conditions and such order of transfer is not required to be interfered with lightly by a court of law in exercise of its dis....
The Court established that in recruitment processes, merit must prevail over applicant preferences, ensuring compliance with the principles of equality and fairness as mandated by the Constitution.
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