- (1.) THE present writ petitioner has been filed by the petitioner under Article 226 of the Constitution of India, inter -alia, praying for following reliefs: "(i) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 18.5.2002 (Ann. no.1 to this writ petition) passed by the respondent no.3 District Basic Education Officer, Mau. (ii) Issue any other and further orders which this Hon'ble Court deem just and proper under the facts and circumstances of the case. (iii) Award the cost of the petition to the petitioner."
(2.) THE brief facts which give rise to this writ petition are that: On 14.9.2001, the respondent no.3, District Officer, Mau has made advertisement regarding the appointment of B.T.C. Assistance in Junior Basic School conducted by the Basic Shiksha Parishad, U.P., Allahabad. The petitioner has submitted his application before the respondent no.3 in pursuance of advertisement dated 14.9.2001. The petitioner has obtained 49.27% marks in the High School Examination and 52.78% marks in the Intermediate Examination. The petitioner also possess the correspondence course Primary Teacher Certificate Examination, 1996 to 1998 from Rastriya Patrachar Sansthan, Kanpur, which is equivalent to B.T.C. Regular Course. On 13.6.1995, the Government of U.P. has declared the correspondence of B.T.C. equivalent to regular course of B.T.C. and correspondence course of B.T.C. candidate are also illegible for the appointment of Assistant to order in Junior Basic Schools. The respondent no.3 has arbitrarily not considered the candidature of the petitioner in respect of appointment of Assistant Teacher in Junior Basic School and the petitioner filed a writ petition no. 4194 of 2002, which was allowed by this Court with the direction to the respondent no.3, Basic Education Officer, Mau for deciding the representation of the petitioner within two months. On 18.5.2002, the respondent no.3 has decided the representation of the petitioner and rejected the same on illegal ground. Hence, petitioner is left no option but to file this writ petition.
(3.) NOTICE issued to the respondents and the counter affidavit filed by the respondent nos. 1 to 3. In the counter affidavit, it is stated that in the present case by means of the earlier writ petition filed by the petitioner, the petitioner has claimed for his appointment as assistant teacher in Junior Basic Schools run by the Basic Shiksha Parishad, U.P. on the basis of his claimed training certificate P.T.C. (Primary Teaching Certificate) stated to have been issued by the Government Institutions through the correspondence.;