- (1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri A. K. Singh and Sri Siddharth Khare for the petitioner, Sri Manish Goel, learned Additional Advocate General who appeared on behalf of respondent nos. 1, 2 and 4 and Sri A.K. Yadav, leaned counsel who has put in appearance on behalf of respondent no. 3.
(2.) It is contented by learned counsel for the parties that in identical controversy arguments are going on before Lucknow Bench of this Court in Service Single No. 1188 of 2019 along with connected matters. An order was placed before the Court on 17.1.2019 by which status quo as on date was directed to be maintained till 18.1.2019. It is further contented that today the Court has extended the interim order till Monday i.e. 21.1.2019. 3. In the interest of justice, put up this matter, as fresh, along with connected matters (Writ A No. 730/2019, 736/2019, 738/2019, 740/2019, 742/2019, 744/2019, 747/2019, 750/2019, 753/2019, 760/2019, 765/2019, 768/2019, 770/2019, 782/2019, 784/2019, 802/2019, 803/2019 and 804/2019) on 21.1.2019. The record of Writ A No. 27461 of 2018 (Anoop Singh and others Vs. State of U.P. and others) shall also be placed on that date."
(3.) Learned counsel for the petitioner placed reliance upon the order passed by the Lucknow Bench of this Court dated 18.1.2019 itself by which after giving cogent reasons order of status quo was granted till the next date of listing i.e. 21.1.2019. The order passed by Lucknow Bench of this Court in Service Single No. 1188 of 2019 (Mohd. Riwan and Others Vs. State of U.P. Thru.Prin.Secy. Basic Eduction, Lkw & Ors) is quoted below- "By means of this petition, the petitioners have assailed validity of Government Order dated 7.1.2019 passed by the Special Secretary, Department of Basic Shiksha, Anubhag-4, Lucknow whereby the minimum qualifying marks for the examination of "Assistant Teacher Recruitment Examination, 2019", which was advertised on 5.12.2018 and conducted on 6.1.2019 have been fixed as 65% for general category and 60% for all reserved category candidates, however, for the previous examination, the qualifying marks were fixed as 45% for general category and 40% for the other reserved category. Submission of learned counsel for the petitioners is that when the examination in question has already taken place on 6.1.2019, no direction can legally be issued in respect of said examination subsequently. It has further been submitted that the rule of game neither can be changed nor re-fixed after start of the game.;