ANJANI KUMAR, J. - (1.) HEARD learned Counsel for the parties.
(2.) BY means of this writ petition under Article 226 of the Constitution of India the petitioners, who had passed their Diploma in Education from Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal, have challenged the advertisement issued by the respondents whereby the respondents have invited applications for the appointment of the teachers is the rural area of primary school of the State of U.P., particularly under the district of Sonebhadra in the institution run and managed by Basic Shiksha Parishad. The advertisements classifies that only such persons can apply who have passed their BTC degree from an institution under the district of Sonebhadra itself. The petitioners alleged that due to this restriction their application forms are not being entertained. The petitioners relied upon a decision of this Court in the case of Upendra Rai v. State of U.P. and others, 2000 (1) ESC 543 (Alld.) : (2000) 2 UPLBEC 1340 (Alld.), wherein this Court has held that such a condition is ultra vires. The aforesaid Division Bench decision has been followed by another Division Bench in Special Appeal No. 478 of 1998. Anil Kumar Dubey v. State of U.P. and another, decided on 26.4.2001.
(3.) IN view of the aforesaid two Division Bench decisions, this writ petition deserves to be allowed. The condition impugned in the present writ petition is quashed. The respondents are directed to consider the petitioners' application forms for appointment and small not reject the said application forms on the ground that the petitioners have passed their Diploma in Education from Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal.;