UMESH CHANDRA SAHU Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners have preferred this writ petition for issuance of a writ of mandamus for direction upon the respondents to exclude some qualification, which is not mentioned in the Statutory Rules.

(2.) The essential facts of the case are that the respondent no. 3 to 16 issued advertisements between 26.09.2012 to 31.10.2012 inviting the applications for appointment on the post of Assistant Master and Assistant Mistress in several subjects including Physical Education in Government Colleges in the region concerned. It is stated that the petitioners possess essential qualification mentioned in the advertisement and they submitted their applications in response thereto. All the petitioners had applied for appointment against the posts of Assistant Master in Physical Education.

(3.) On 04th December, 2012 the respondent no. 3/ Joint Director of Education, Allahabad Region, Allahabad issued a notification on provisional merit list for selection on the vacant posts of the Assistant Master Trained Graduate (L.T.) (Boys) in Government Boys Secondary Colleges of Allahabad Region. The merit of the Physical Education was shown for General, S.C., Freedom Fighter (General) and S.T. as 85.85, 78.57, 75.02 and 66.63 respectively. The enquiries made by the petitioners reveal that the respondents while preparing the merit list, had considered the teacher training qualification like B.P.Ed., which was not prescribed under the Statutory Rules.