M.C. Jain, J. - (1.) THIS special appeal by Basic Shiksha Adhikari, Allahabad and 17.P. Board of Basic Education, Allahabad is directed against the judgement dated 24.11.2003 passed in Civil Misc. Writ Petition No. 14808 of 1996 (Gulerana and Anr. v. State of U.P. and Ors.) which was decided together with Civil Misc. Writ Petition No. 31105 of 1996 (Noorulhuda Ansari and Ors. v. State of U.P. and Ors.). The respondents are Smt. Gulerana and Km. Nahid Anzum who were petitioners in Civil Misc. Writ Petition No. 14808 of 1996. So far as they are concerned, the Hon'ble Single Judge in Civil Misc. Writ Petition No. 14808 of 1996 directed the respondents to issue appointment letters in their favour as Urdu Teachers within two months from the date of order with all consequential benefits alongwith other persons selected with them.
(2.) IT would be proper to give resume of relevant facts leading to this appeal. An advertisement was published by the appellants ( respondents in writ petition) in newspaper dated 5.8.1995 inviting applications "for selection to the post of Assistant Teachers/Primary Urdu Teachers. The selection was to be made according to U.P. Basic (Education) Teachers Service Rules, 1981 ( in short 'Rules of 1981'). The Government issued a Government Order No. 2709 dated 21.7.1995 providing procedure for appointment of Urdu Teachers in schools run by the U.P. Basic Shiksha Parishad so as to implement the decision for appointing 5 000 Urdu Teachers in the State. It was to supplement the provisions of Rules of 1981 whereunder the appointments were to be made, though the said rules do not contain any specific provision regarding Urdu Teachers. Clause 9,10 and 12 of Government Order dated 21.7.1995 read as under: . . . . VERNACULAR TEXT OMMITED. . . . The written test was held on 11.9.1995 in which two respondents participated as OBC candidates. It is not disputed that they possessed requisite qualifications. Although the advertisement did not mention the number of posts but it is not disputed that there were 75 posts. The result was declared on 24.9.1995. 73 candidates were shown successful and were called for verification of their original testimonials as per Clause 10 of the G.O. dated 21.7.1995 reproduced above. The Roll Nos. of respondents were 2069 and 2037 and they were included in the list of the successful candidates. They were called personally on 27.9.1995 and on verification the selection committee approved their certificates. The Basic Shiksha Adhikari issued appointment letters to 51 candidates instead of 73. The certificates of two candidates were found to be fake. Thus, their selection was cancelled and only 49 candidates were issued appointment orders and postings. Rest of the posts were left vacant, although the petitioners were placed at Serial Nos. 36 ( Roll No. 2069 - marks obtained 117) and 37 ( Roll No. 2037 -marked obtained 106) in the merit list.
(3.) WE have heard Sri Pradeep Kumar counsel for the appellants and Sri M.A. Qadeer for the respondents.;