- (1.) Heard learned Counsel for the petitioner and Shri A.K. Yadav, learned Counsel for the respondent-Commission as well as learned Standing Counsel. Petitioner will serve respondent Nos. 4 and 5 by registered post. Steps be taken within one week. All the respondents may file counter-affidavit within four weeks. Rejoinder affidavit may be filed by the petitioner within two weeks thereafter.
(2.) List immediately after expiry of the aforesaid period.
(3.) It has been submitted by learned Counsel for the petitioner that there is a requirement under Rule 4(1)(3) of the U.P. Secondary Education Service Commission Rules, 1983 and the names of two senior most teachers along with the copies of service records, character roll and other relevant record has to be sent before the Board. Reliance has been placed on two judgments of this Court in Kedar Nath Awasthi v. Administrator (Nagar Palika) as Manager of Aminabad Intermediate College Lucknow and others, 1984 UPLBEC 914 and Ram Briksh Maurya v. Murlidhar Mishra and others, 1999 1 UPLBEC 706. Further it has been stated that according to Regulation 8(6) of the U.P. Secondary Education Services Selection Board (Procedure and Conduct of Business) Regulation, 1998 provides "that the intimation for interview shall be sent to the candidate 21 days in advance by posts at the address given in the application". As no intimation to that effect was given therefore in view of the Division Bench judgment mentioned above, the petitioners have been prejudiced.;