- (1.) The petitioners, who had completed the B.T.C. Training Course-2004 in September, 2011, have filed this petition for quashing the order dated 15th July, 2011 by which certain persons, who had completed the B.T.C. Training Course-2004 in March 2011, were granted appointment as Assistant Teachers in Elementary Schools run by the Board of Basic Education U.P. Allahabad (hereinafter referred to as the 'Basic Education Board') without requiring them to pass the U.P. Teachers Eligibility Test (hereinafter referred to as the 'U.P-TET'). The petitioners have also sought a mandamus for treating them at par with such persons who had completed the B.T.C. Training-2004 in March, 2011 and to provide all benefits to the petitioners accordingly.
(2.) Though it is stated in paragraph 1 of the writ petition that this is the first writ petition filed by the petitioners for the reliefs claimed and no other writ petition had been filed for the same reliefs on the same material facts, but on a query being put by the Court, Sri Shailendra, learned counsel for the petitioners stated that earlier, Writ Petition No.62219 of 2011 (Atul Kumar Singh & Ors. Vs. State of U.P. & Ors.) was filed by the petitioners, which petition was dismissed by the Court on 11th November, 2011.
(3.) It is seen from the copy of Writ Petition No.62219 of 2011 supplied by the learned counsel for the petitioners that the present petitioners are petitioner nos. 1, 2, 3, 4 and 44 of the earlier Writ Petition and the reliefs claimed in the earlier Writ Petition are as follows:- "1. a writ, order or direction of suitable nature commanding the respondents to forthwith grant appointment to the petitioners as assistant teacher in Prathmik Vidyalaya run by the Board of Basic Education, U.P. Allahabad for district Mau within a period to be specified by this Hon'ble Court. 2. a writ, order or direction of suitable nature commanding the respondents to permit the petitioners to function as assistant teacher in Prathmik Vidyalaya run by the Board of Basic Education, U.P. in district Mau and to pay the petitioners their regular monthly salary on such basis regularly every month. 3. a writ, order or direction of suitable nature commanding the respondents not to insist upon the petitioners to pass the U.P. Teacher Eligibility Test as a pre condition for grant of appointment to the petitioners as assistant teachers.";