Teaching experience for appointment as Headmaster must be from recognized regular teaching positions, not from part-time or non-cadre roles, adhering strictly to statutory qualifications.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Mr. Abhishek Srivastava, learned Chief Standing Counsel has filed Short Counter Affidavit, which is taken on record. Learned counsel for the petitioners does not propose to file rejoinder affidavitto the said short counter affidavit.

2. There are thirteen petitioners in Writ-A No. 17615 of 2025 and three petitioners in Writ-A No. 18573 of 2025. Controversy involved in both the writ petitions is similar, hence, they are being decided bythis common judgement.

3. The petitioners have approached this court with a prayer to quash the prescribed format of the experience certificate, contained in Appendix-3 to the Circular dated 03.11.2025, insofar as it insists upon experience as Assistant Teacher/ Headmaster, and further to treat the petitioners as fully eligible in terms of notification dated 04.12.2019 permitting them to participate in the remaining process of selection.

4. Placing the facts of the case, learned counsel for the petitioners submits that the Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009[The RTE Act, 2009 ](Parliamentary Act No. 35 of 2009), making provisions for free and compulsory education for all children up to the age of 14 years. For the implementation of the said Act, a Government Order dated 31.01.2013 was issued. Pursuant thereto, the District Basic Education Officers of the concerned districts published an advertisement inviting applications from eligible candidates for appointment as Part Time Instructors. Being eligible for the said posts, the petitioners applied and were appointed as part-time Instructors in view of the Schedule-1(b)(3)(ii) of Section 19 of the Act of 2009, wherein part-time instructors for teaching Art Education, Health and Physical Education and Work Education were to be appointed for teaching Classes 6 to 8 in schools having more than 100 students.

5. The details of initial appointment of the petitioners in Writ-A No. 17615 of 2025, as part-time instructors, are: petitioner nos. 1 and 8 were granted appointment in District Sultanpur, petitioner no. 02 in District Bhadohi, petitioner nos. 3 and 4 in District Basti, petitioner no. 5 in District Varanasi, petitioner no. 6 in District Muzaffarnagar, petitioner no. 7 in District Barabanki, petitioner no. 9 in District Kaushambi, petitioner no. 10 in District Kushinagar, petitioner no. 11 in District Meerut, petitioner no. 12 in District Jaunpur and petitionerno. 13 was offered appointment in District Saharanpur. The appointment letters were issued to them on different dates in the months of June, July and September, 2013, pursuant to which the petitioners joined their respective places of postings. The petitioner nos. 1, 3 and 8 were appointed in the subject of Work Education, while others (petitioner nos. 2, 4, 5, 6, 7, 9, 10, 11, 12 & 13) were granted appointment in Art Education.

6. The petitioners in Writ-A No. 18573 of 2025 were granted appointment in the subject of Art Education. Appointment letters to petitioner nos. 1 & 2 were issued on 23.02.2013 and order of appointment was issued to petitioner no. 3 on 25.02.2013.

7. As the appointment of the petitioners was in accordance with the stipulations contained in the Government Order dated 31.01.2013 for a period of 11 months, annual extension was granted to each of them and accordingly extension orders in respect to each petitioner were issued for every year succeeding 2013-14. S