AFR

Judgment Reserved on 24.11.2022

Judgment Delivered on 25.01.2023

Court No. - 3

Case :- WRIT - A No. - 9739 of 2018

Petitioner :- Bal Krishana And 94 Others

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Satyaveer Singh,Arun Kumar Yadav,Ravindra

Kumar Patel,Saquib Mukhtar,Satyaveer Singh,Shri Krishna

Mishra,Thakur Prasad Dubey,Yawar Mukhtar

Counsel for Respondent :- C.S.C.,Abhinava Krishna Srivastava,Anand

Kr Srivastava,Arun Kumar Yadav,Avneesh Tripathi,Bharat Pratap

Singh,M.N. Singh,Tarun Agarwal

With

Case :- WRIT - A No. - 13525 of 2018

Petitioner :- Pratikshit Yadav And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Satyaveer Singh

Counsel for Respondent :- C.S.C.,Avaneesh Tripathi,Bharat Pratap

Singh

With

Case :- WRIT - A No. - 614 of 2021

Petitioner :- Chhaya Devi

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Gaurav Tiwari,Babloo Pant

Counsel for Respondent :- C.S.C.,M.N. Singh

With

Case :- WRIT - A No. - 3446 of 2021

Petitioner :- Anand Kumar Shukla And 26 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Lalit Kumar Pandey,Radha Kant Ojha (Senior

Adv)

Counsel for Respondent :- C.S.C.,Avneesh Tripathi,M.N. Singh

With

Case :- WRIT - A No. - 5289 of 2021

Petitioner :- Archana Singh And 32 Others

Respondent :- Uttar Pradesh Public Service Commission

Counsel for Petitioner :- Vibhu Rai,Anoop Trivedi (Senior Adv.)

Counsel for Respondent :- M.N. Singh,Avneesh Tripathi

With

Case :- WRIT - A No. - 9978 of 2021

Petitioner :- Jagdamba Prasad

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Ramesh Chandra Tiwari

Counsel for Respondent :- C.S.C.,Dhananjay Awasthi,M.N. Singh

With

Case :- WRIT - A No. - 10354 of 2021

Petitioner :- Prabhakar Yadav

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Anil Kumar Pathak,Chandra Pratap Singh

Counsel for Respondent :- C.S.C.,M.N. Singh

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Rajendra Kumar-IV,J.

(Per: 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.

2

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 (4^th 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 (4^th

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 prescribin