Mahesh Chandra Tripathi, J. - (1.) Surendra Kumar and 15 others are before this Court for following reliefs:- "(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioners to join their services on the post of Assistant Teacher (Math/ Science) in Upper Primary School in their concerned district in which they were selected, governed by Basic Education Board, U.P. i.e. petitioner nos.1, 6 and 11 in District Bulandshahar; petitioner nos.2, 3, 4, 5 and 8 in Distt. Azamgarh; petitioner nos.7 and 10 in Distt. Etawah; petitioner no.9 in Distt. Aligarh; petitioner no.12 in Distt. Balrampur; petitioner no.13 in Distt. Bhadohi; petitioner nos.14 and 16 in Distt. Bijnor and petitioner no.15 in Distt. Saharanpur in pursuance of Circular dated 07.12.2017. (ii) issue a writ, order or direction in the nature of mandamus directing the respondents to pay monthly basis salary and other facilities to the petitioners on the post of Assistant Teacher (Math/ Science) in Upper Primary School in their concerned District in which they were selected governed by Basic Education Board, U.P."
(2.) It has been averred in the writ petition that Board of Basic Education, U.P. Allahabad, which is a statutory body constituted under the provisions of U.P. Basic Education Act, 1972 has established a large number of Junior Basic Schools as well as Senior Basic Schools in all districts of the State. The recruitment of such institutions is made at the level of Assistant Teachers, Junior Basic School as well as Senior Basic Schools in accordance with the procedure prescribed under the U.P. Basic Education Teachers Service Rules, 1981 (in short "the Rules of 1981"). It appears that certain amendments took place regarding prescribing qualifications for appointment of Assistant Teachers and consequently notification dated 09.11.2011 was issued by which it was provided that the marks obtained in the U.P. Teachers Eligibility Test, 2011 was the sole basis of selection as teachers.
(3.) An advertisement was made on 30.11.2011 by which the Board invited applications for consideration of appointment as trainee teachers from amongst the candidates possessing graduation degree, degree of B.Ed. and having U.P. TET (Primary Level). This is admitted situation that all the petitioners being fully qualified and having the minimum qualification, in pursuance of the said advertisement, applied for the post of Assistant Teachers in Primary Schools. All the petitioners except petitioner no.13 were selected in different districts as trainee teachers. Admittedly they all completed six month training. On 11.7.2013 the State Government issued a Government Order notifying recruitment for filling up total number of 29334 posts of Assistant Teachers for Science/ Math subject for appointment in Senior Basic Schools run by the Board of Basic Education, U.P. The said Government Order was partly amended by notification dated 23.08.2013. There existed no prohibition against the number of district in which a candidate could apply but there existed a requirement of depositing an application fee of Rs.500/- for each district. All the petitioners applied for various districts as Assistant Teachers (Math/ Science) in Senior Basic Schools. It has also bee claimed that all the petitioners were having degree of B.Sc., B.Ed. and also qualified TET Upper Primary Level Examination. At the time of counselling the petitioners had deposited the original testimonials at the office of concerned Basic Shiksha Adhikari of the concerned district. All the petitioners were selected against the advertisement dated 30.11.2011 except petitioner no.13 on the post of Assistant Teacher in Primary School as well as against the advertisement dated 11.07.2013 including petitioner no.13 for the post of Assistant Teacher in Upper Primary School. Regarding their quality point marks, details have been averred in para 19 of the writ petition. The petitioner nos.1 to 12 had received appointment letters on the post of Assistant Teacher in Upper Primary Schools and they joined their services in respective Upper Primary Schools. In para 21 of the writ petition a categorical averment has been mentioned that the petitioner nos.1 to 12 hardly worked for 13-14 days and once they were selected on the post of Assistant Teacher in Primary Schools, they withdrew their original testimonials from the district in which they were selected on the post of Assistant Teacher in Upper Primary School as at the time of issuance of appointment letter on the post of Asstt. Teacher in Upper Primary Schools, their original testimonials were deposited by the authority. A categorical claim has been set up that in response to the appointment letter, the petitioner nos.1 to 12 had never drew salary. It is contended that on account of serious litigation the petitioner nos.1 to 12 turned over to Primary Schools from Upper Primary Schools as Assistant Teachers.;