- (1.) The present special appeal arises against the order of the learned Single Judge dated 28th February, 2006 issuing a writ of mandamus directing the respondents (now appellants in the special appeal) to consider the case of the petitioner by awarding her quality points as provided under the U.P. Subordinate Educational (Trained Graduate Grade) Service Rules, 1983 (hereinafter referred to as Rules of 1983).
(2.) The brief facts leading to the filing of the writ petition is, that an advertisement was issued by the respondents inviting applications for appointment of Assistant Teachers in various subjects. The petitioner applied for the post of Assistant Teacher/Mistress in Arts. The results were declared in June, 2003 in which the name of the petitioner did not figure in the select list. The petitioner alleged that candidates obtaining 49.86 quality points marks were found in the select list. According to the petitioner, she had 53.23 quality points marks and, consequently, was liable to be selected. It was alleged that 10 quality points marks relating to her post-graduate qualification was not added and consequently the petitioner filed a writ petition praying for a writ of mandamus commanding the respondents to award quality points marks for her post-graduate qualification and consider her on the post of Assistant Mistress L.T. grade Arts in accordance with the provision of Appendix D of the Rules of 1983.
(3.) The respondents took a stand that the petitioner was not selected for the post of Assistant Teacher as she could not fulfill the eligibility criteria provided in Appendix D of the Rules, 1983. The respondents submitted that the petitioner was a post-graduate in Home Science and not a post-graduate in Arts. The petitioner applied for an appointment on the post of Assistant Mistress in Arts. The respondents submitted that a post-graduate degree in the concerned subject was an essential qualification for obtaining quality points marks and since the petitioner did not have the requisite post-graduation degree in the concerned subject, she was not entitled for the quality points marks for her post- graduation degree. The respondents further submitted that the quality points marks which the petitioner had obtained was 43.23 points whereas the last selected candidate had obtained 49.86 points.;