JUDGMENT :

Order on Amendment Application No.4/2021

Learned counsel for the petitioner through the present amendment application is seeking permission to incorporate the following prayer and the same may be treated as part of the writ petition.

"(f) issue a writ, order or direction in the nature of certiorari quashing the clause 16 of the circular dated 18.01.2021 issued by the Director General - School Education - UP, Lucknow."

Because the amendment sought is formal, therefore, the amendment application is allowed.

Learned counsel for the petitioner/applicant is permitted to carry out the necessary amendment within one week from today.

Order on Writ Petition

1. Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Siddharth Khare, learned counsel for the petitioner, Sri Vikram Bahadur Yadav, learned Standing Counsel for the State respondent nos. 1 & 2 and Sri B.K. Yadav learned counsel for respondents nos.3 & 4.

2. The petitioner through the present writ petition, has prayed for quashing of notice dated 02.01.2021 issued by the Basic Shiksha Adhikari, Firozabad, and a writ of mandamus directing the opposite party to grant appointment to the petitioner as an Assistant Teacher in a Junior Basic School of District Firozabad and permit the petitioner to join in pursuance thereto and to discharge all duties as Assistant Teacher and to pay regular monthly salary on the said post.

3. The facts, in brief, are that under an advertisement notified as Assistant Teacher Recruitment Examination, 2019 for recruitment of 69000 Assistant Teachers in Junior Basic Schools of the State, the petitioner who belongs to the OBC category and is qualified for appearing in the said selection, submitted an application for selection in the said recruitment. She appeared in the examination and was declared successful.

4. On 13.5.2020 those candidates who succeeded in the Assistant Teacher Recruitment Examination, 2019 were required to apply for consideration for an appointment as Assistant Teacher. In response thereto, the petitioner also submitted her application online for the appointment of Assistant Teacher. It is stated that the petitioner specified all details of her educational qualification including teacher training qualification in the application. The teacher training qualification specified by the petitioner in the said application was B.T.C. training course passed in the year 2018 in an examination conducted by Examination Regulatory Authority, Prayagraj. It is stated that the petitioner was selected for appointment and was allotted District Ghaziabad. The petitioner was required to participate in counseling scheduled before the Basic Shiksha Adhikari, Firozabad on 02/03, September 2020. The petitioner participated in the counseling.

5. According to the petitioner, the appointment orders were scheduled to be issued in District Firozabad on 05.12.2020, but no appointment order was issued to the petitioner. The petitioner was informed that a complaint had been received against her that she had obtained two regular degrees namely B.Ed. and B.T.C. course certificates in the same session. Later on, a notice dated 02.01.2021 was issued by the Basic Shiksha Adhikari, Firozabad requiring the petitioner to submit documents within one week, failing which, action would be taken against her. It is further stated that the petitioner being a duly selected candidate for the post of Assistant Teacher, has availed no benefit of her B.Ed degree, therefore, the action of the respondents in not issuing an appointment letter to the petitioner is arbitrary. It is also stated that the petitioner has no objection if her B.Ed degree may be invalidated. In the aforesaid backdrop, the petitioner has prayed for the aforesaid relief.

6. A counter affidavit has been filed by respondent no.4 stating therein that paragraph 16 of the letter dated 18.01.2021 of the Directo