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 equitable treatment.

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. Petitioners came to be selected and appointed pursuant to Assistant Teacher Recruitment Examination-2018.

5. By the instant petitions, petitioners have raised challenge to the legality and validity of the Government Order dated 4 December 2020, insofar Para 5(1), therein, denies issuance of No-Objection Certificate, NOC, to the working teachers. A further direction has been sought directing the respondents to issue NOC to the petitioners and to appoint them in the district of their choice.

6. The facts, giving rise to the instant petition, briefly stated, is that pursuant to the Government Order dated 01 December 2019, applications were invited by the Board for Assistant Teacher Recruitment Examination-2019, ATRE-2019. Petitioners, being eligible and there being no prohibition/bar in the Government Order, applied to enable them to improve their merit and procure placement in a district of their choice. It is pointed out that the post of Assistant Teacher is a district cadre. As per Government Order dated 07 January 2019, the candidates belonging to General or open category were to obtain 65% marks, whereas, the candidates under reserved categories (scheduled caste, scheduled tribes and other backward classes) had to secure 60% marks. ATRE-2019 result was declared on 12 May 2020. As against 69000 vacancies 1,46,060 candidates were successful in securing minimum pass percentage marks.

7. The relevant extract of Government Order 7 January 2019 and Notification 16 May 2020 indicating the number of vacancies, the pass percentage marks and the number of qualified candidates is extracted:

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