PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners have preferred these writ petitions under Article 226 of the Constitution of India claiming, in sum and substance, the following reliefs: "A. By an appropriate writ, order or direction, the advertisement for the post of Teacher Grade-III Exam, 2013 for the district Pratapgarh (Annexure-2) may kindly be quashed and set aside. B. By an appropriate writ, order or direction, the respondents may kindly be directed to provide/earmark the vacancy/post for Non TSP candidates in General/SC/ST/OBC/SBC category for the petitioners belonging to Chhoti Sadari Tehsil (Non-TSP) area in the Teacher Grade-III Exam, 2013. C. By an appropriate writ order or direction, the respondent may kindly be directed to allow the petitioner to apply fill the form for the post of Teacher Grade-III from District Pratapgarh under Non-TSP category online/offline and further allow them to appear in the exam which is going to be held on 11.10.2013. D. By an appropriate writ, order or direction respondents may be directed to allow the petitioners from appearing in the exam of Teacher Grade-III, 2013 from District Pratapgarh and respondents may further directed to grant appointment on the post of Teacher Grade-III with all consequential benefits. E. By an appropriate writ, order or direction respondents may be directed to earmark vacancy for Non TSP candidates, for the petitioners belonging to Chhoti Sadari for the post of Teacher Grade-III in Pratapgarh district. F. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. G. Writ petition filed by the petitioner may kindly be allowed with costs."
(2.) The petitioners, being eligible for recruitment on the post of Teacher Grade-III, participated in the related selection process arising out of advertisement of the year 2013 conducted by the respondents for the posts of Teacher Grade-III Level I and Level-II, 2013. The petitioners applied for the said post in pursuance of the said advertisement from Tehsil Chhoti Sadri, District Pratapgarh, but they were able to fill-in their forms for the same, as the vacancies were determined in the advertisement for Tehsil Chhoti Sadri, District Pratapgarh, which is a Non-TSP area in the TSP District of Pratapgarh.
(3.) Learned counsel for the petitioners have shown from the advertisement that in the other districts where TSP and Non-TSP areas are demarcated, like the District of Udaipur and District of Sirohi, there are separate categorization of Non-TSP/TSP posts. Learned counsel for the petitioners have also shown the notified circular dated 15.05.2009, which clearly points out that in Pratapgarh District, four Tehsils, namely,Pratapgarh, Arnod, Dhariyawad and Pipalkhoot, are included in the TSP areas, whereas Tehsil Chhoti Sadri is included as TSP area. Furthermore, a certificate dated 28.06.2013 (Annexure-5 of the writ petition) came to be issued by the District Collector, Pratapgarh to the effect of non-inclusion of Chhoti Sadari Tehsil area as TSP Area. The said document Annexure-5 of the writ petition, reads as under:;