JUDGEMENT
PRADEEP KUMAR SINGH BAGHEL,J. -
(1.) Five petitioners have instituted this writ petition under Article 226 of the Constitution for the following relief:
"I. Issue a writ, order or direction in the
nature of Mandamus, commanding the
respondent no. 1 U.P. Basic Education
Board, Allahabad, through its Secretary to
consider the candidature of the petitioners
for appointment on the post of Assistant
Teacher, Urdu Language in Junior Basic
Schools against the existing advertised
vacancies dated 09.01.2016, reserved for
Other Backward Caste, within stipulated
time, as may be fixed by the Hon'ble Court."
(2.) The respondents issued an advertisement dated 09th January,
2016 calling applications for the appointment on the posts of Assistant Teacher (Urdu Language) against 3500 posts. One of the eligibilities for
the appointment on the post of Assistant Teacher (Urdu Language) reads
as under:
"6& vkosnu gsrq ik=rk%&
d& vk;q& ,sls eksvfYye&,&mnwZ mikf/k/kkjh vH;FkhZ] ftUgksaus fnukad 11 -
08 -1997 ls iwoZ ,slh mikf/k izkIr dj yh gks] dh vk;q fnukWad 01 tqykbZ] 2016 dks fdlh Hkh n'kk esa mPpre vk;q lhek vf/ko"kZrk dh vk;q (62) o"kZ ls vf/kd ugha gksuh pkfg, A
[k& vyhx+ eqfLye fo'ofo|ky; ls fMIyksek&bu&Vhfpax mRrh.kZ
vH;fFkZ;ksa ,oa f}o"khZ; ch0Vh0lh0 mnwZ izf'k{k.k ;ksX;rk/kkjh vH;fFkZ;ksa ds
fy, vk;q 01 tqykbZ 2016 dks fdlh Hkh n'kk esa 21 o"kZ ls de o 50 o"kZ ls
vf/kd ugha gksuh pkfg, A**
(3.) The petitioners claim that they fulfill all requisite terms and
conditions, and eligible for the posts of Assistant Teacher (Urdu) in
Junior High Schools. It is averred by them in the writ petition that they
are Graduate, obtained BTC (Urdu) from All India Talim Ghar,
Lucknow and they have also passed Uttar Pradesh Teacher Eligibility
Test (TET) meant for Urdu Teacher in any Primary School, and they
have been awarded Teacher Eligibility Certificate for Urdu language.
The petitioners belong to Other Backward Class. They claim that they
have vested right to be considered for appointment on the posts of
Assistant Teacher in Urdu Language.;
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