- (1.) We have heard learned counsel for parties and perused the pleadings of special appeal.
(2.) This special appeal arises out of a judgment and order dated 28.09.2012, passed in Writ Petition No. 1267 (S/S) of 2012, whereby the petition was allowed with following findings:- "The impugned orders have been passed on the premise that the petitioner did not possess the required qualification, because the petitioner had passed intermediate from the Board of Higher Secondary Education, Delhi. The said course was not recognized by the respondents. The issue raised in this petition has already been decided in Civil Writ A No.-40841 of 2009 (Sarfaraz Ahmad Vs. State of U.P.) decided on 03.7.2012. Following needs to be noted from paragraph -18 and 20 of the said judgment:- "18-In absence of any specific condition in the Government Order dated 10.7.2007 with reference to High School or Intermediate qualification being the eligibility qualification for the purpose of admission in Special B.T.C. or under Rule 8(1) for the purpose of appointment as Assistant Teacher,no such innovation is permissible on the part of respondents on their own so as to add something which is not otherwise existing for the purpose of either admission in Special B.T.C. Course 2007 or appointment as Assistant Teacher. The respondent authorities have clearly misdirected themselves by looking to certain aspects of the matter which was not provided either in the Government Order or in the statutory Rules. 20- It the result, the writ petition is allowed. The impugned orders dated 22.7.2009 and 23.7.2009 (Annexures No.- 12 & 13 to the writ petition) are hereby quashed. The respondents are directed to treat the petitioner continuing in service with all consequential benefits including arrears of salary. He shall also be entitled to cost, which I quantify to Rs.5,000/-." Learned Counsel appearing for the respondent, states that he has not been able to distinguish the said judgment in view of the facts and circumstances of the present case. In view of the above, impugned orders annexures -1, 2 and 3 are quashed. The writ petition is allowed. The respondents are directed to treat the petitioner as continuing in service with all consequential benefits, including arrears of salary. No costs".
(3.) The brief facts, giving rise to filing of this special appeal are that respondent no.1(herein)/petitioner passed the High School in 1997 and Intermediate in 1999 from the Board of Higher Secondary Education, Delhi. Thereafter, the respondent/writ petitioner did her B.A in the year 2003, M.A. in the year 2005 in Hindi and B. Ed in the year 2007 from the Universities situated in the State of U.P.;