O.P.Garg, J. - (1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has made the following prayers : (a) to issue a writ, order or direction including a writ in the nature of mandamus directing the respondents to conclude the process of selection of Asstt. Mistress in General English in the Women's branch under subordinate Education (Trained Graduates Grade) Service in Government Girls Inter Colleges of the State of U. P. after holding interview on the basis of and taking into consideration the overall academic qualification, preferential qualification, her experiences in service of more than 4 years in Government Girls Inter College and her other preferential qualities and the performance of the petitioner in the interview held by the respondents ; (b) to issue any other suitable writ, order or direction including a writ to which the petitioner is found entitled in the facts and circumstances of the case."
(2.) Counter and rejoinder-affidavits have been exchanged. Heard Sri Namwar Singh learned counsel for the petitioner, assisted by Sri Sanjeev Slngh ; and the learned standing counsel for the respondents.
(3.) The petitioner Smt. Malvika Singh is presently employed as Assistant Teacher/Mistress. English in Government Girls' Inter College. Nari Pachdevra. district Ghazipur. The respondent No. 1 published an advertisement on 23.5.1992 inviting applications for various posts of Teachers, including the post of Assistant Mistress/Teacher. General English, Women Branch. The essential qualifications for the post were Bachelor's Degree with English as a subject and L.T. Degree or Diploma in Education from a recognised University. The preferential qualification given in the advertisement were : (a) certificate in Territorial Army format least 2 years period ; (b) 'B' certificate of N.C.C. ; (c) Teaching experience ; higher percentage of marks and higher qualifications other than the essential qualifications. The petitioner, who is M.A. in English (Second Division) and B.A. (in First Division), having the Degree of Bachelor of Education and experience in teaching in English applied in pursuance of the advertisement dated 28.5.1992. The petitioner also had the preferential qualification as she possessed 'B' and 'C' certificates of N.C.C. and has to her credit the experience of more than four years of teaching. Though the interview letters were issued to the other candidates who had applied for the post, the petitioner was not called for interview. On enquiries, she was given to understand that only those candidates who have secured a particular percentage of marks in Graduation have been called for interview and since the percentage of marks of the petitioner in B.A. is only 61.1%, which falls short of the percentage of the marks determined for calling the candidates for interview, she has been dropped. The grievance of the petitioner is that she is highly qualified, inasmuch as, she is M.A. in English with preferential qualification and her teaching experience is quite high to other candidates, who were called for interview. The action of the respondents in not calling the petitioner for interview as well as other policy decisions have been challenged as being discriminatory, arbitrary and mala fide.;