JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri T.P. Singh, learned Senior Advocate, assisted by Sri Satyaveer Singh, Sri Radha Kant Ojha, learned Senior Advocate assisted by Sri Lalit Kumar Pandey, and Sri Ramesh Chandra Tiwari, learned counsels for the petitioners, Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Shashank Shekhar Singh, learned Additional Chief Standing Counsel for the State-respondents and Sri Avaneesh Tripathi, learned counsel for the respondent no. 3 (U.P. Public Service Commission, Allahabad).

2. With the consent of learned counsels for the parties WRIT -A No. 9739 of 2018 is treated as the leading writ petition and facts thereof are being noted.

3. The reliefs sought in the leading writ petition is as under :

“A. Issue a writ order or direction in the nature of mandamus declaring the impugned rules 8(6) of U.P. Sub-ordinate Educational (Trained Graduate Grade) services (4th Amendment) rules 2016 to be ultra virus to article 40 of the Constitution of India to an extent that it does prescribed as one of the qualification of having passed intermediate with subject Sanskrit one of the qualification relating to Assistant Teacher (Trained Graduates Grade) Subject Hindi.

B. Issue a writ order or direction in the nature of certiorari calling the record and quashing impugned advertisement dated 15.03.2018 being advertisement no. ,&1@b&1&@2018 issued by Secretary U.P. Public Service Commission, Allahabad to an extent that it prescribes Sanskrit as a subject in Intermediate Qualification of Assistant Teacher (Trained Graduate Grade) Subject Hindi as provided in impugned rule 8(6) of U.P. Sub-ordinate Educational (Trained Graduate Grade) services (4th amendment) Rules 2016.

C. Issue a writ order or direction in the nature of mandamus directing the respondents to initiate selection on the post of Assistant Teacher (Trained Graduate Grade) Subject Hindi after prescribing qualification B.A. or equivalent with Hindi and Sanskrit and B.Ed. not Sanskrit as subject in intermediate in government inter college in state of U.P.”

Facts :

4. Briefly stated facts of the present case are that the petitioners claim themselves to be aspirants to apply in selection of Assistant Teachers (Trained Graduate Grade) (Men/Women Branch) Examination 2018, wherein qualification for assistant teachers (Men/Women Branch) – Hindi, in brief, has been prescribed as Intermediate with Sanskrit as one of the subject and graduation with Hindi and B.Ed. for appointment as Assistant Teacher for Class 9th and 10th in Government Secondary Intermediate Schools or Colleges. All the petitioners claim that they have degree of graduation with the subject Hindi and Sanskrit and also have B.Ed. Degree from recognised Universities but have passed their intermediate without Sanskrit as a subject. Since Sanskrit had not been their one of the subject in Intermedia, therefore, as per provisions of the U.P. Subordinate Educational (Trained Graduate Grade) Services (4th Amendment) Rules 2016, they are not eligible to apply for the post of Assistant Teacher (Hindi) for Class 9th and 10th in Government Colleges.

5. According to the petitioners, Rule 8(6) of the Uttar Pradesh Subordinate Educational (Trained Graduate Grade) Service Rules, 1983 as amended by the 4th Amendment Rules 2016 (hereinafter referred to as the Rules, 1983) providing for Sanskrit as a subject in Intermediate for Hindi Teachers for High School (Class 9th and 10th) is arbitrary, illegal and is in conflict with the eligibility provided under the U.P. Intermediate Education Act, 1921 which does not provide Sanskrit as a mandatory subject in Intermediate for the post of Assistant Teacher (Hindi). Consequently the petitioners have filed the present writ petitions praying to declare the impugned Rules 8(6) of the amended Rules 1983 to be viloative of Article 14 of the Constitution