M.KATJU, J. - (1.) THIS writ petition has been filed for a writ of mandamus directing the respondents to treat the petitioners as belonging to State wide cadre or plain cadre in group 'kha' post in U.P. Saichhik Samanya Shiksha Samvarg Seva Niyamavali, 1992 and to consider them for all purposes like transfer and promotion to group 'ka' post treating them as such. It has further been prayed that the respondents be directed to constitute a combined seniority list in general cadre (hill and plain) and to make promotion etc. from combined seniority list in group 'ka' post or to treat the petitioner as eligible to promotion in plain cadre to group 'ka' post by treating them as belonging to plain cadre in group 'kha' post. It has further been prayed that a mandamus be issued to the respondents to treat the petitioners senior to the appointees of 1987 who had been selected and appointed in pursuance of 1985 -86 advertisement (Inspecting Branch).
(2.) HEARD learned Counsel for the parties. It appears that an advertisement was issued by the U.P. Public Service Commission in various newspapers including 'Nav Bharat Times' on 27 -2 -1982 inter alia inviting applications for selection and appointment to the post of Head Masters in Government High School and Normal School in Uttar Pradesh in subordinate education service Gazette teaching side (male). True copy of the advertisement is Annexure -1 to the writ petition. Thereafter another advertisement was issued for Women Head Mistress in similar schools in female branch vide Annexure -2 to the writ petition. The petitioners applied and appeared in the examination.
(3.) A perusal of this advertisement shows that it was not mentioned therein that these advertisements are for hill cadre or plain cadre but rather it was for U.P. wide cadre. The petitioner was selected but the petitioner was given appointment against hill cadre although it is alleged by the petitioners that there was no such option for hill cadre and instead there was general cadre for both hill and plain.;