MAIN POINTS OF DECISION OF ORDER DATED 20.11.2013
SPECIAL APPEAL DEFECTIVE-WRIT NO.-237/2013
FOR FULL ORDER (FULL ORDER IS OF 74 PAGES) REFER TO OFFICIAL WEBSITE OF ALLAHABAD HIGH COURT...
In the result all the Special Appeals are allowed to the
following extent:
1. The Government Order dated 26.7.2011 insofar as it
directs for restoration of criteria for selection as was prevalent prior
to 12th amendment rules is set-aside.
2.The U.P. Basic Education (Teachers) Service Amendment
Rules, 2012 (15th Amendment Rules dated 31.8.2012) in so far as
Rule 14 (3) is concerned is declared to be ultra-vires to Article 14
of the Constitution and are struck down. Consequently, the
Government Order dated 31.8.2012 as well as the communication
dated 31.8.2012 issued by the board of Basic Education are setaside.
3. Respondents are directed to proceed and conclude the
selection as per the advertisement dated 30.11.2011 as modified on
75
20.12.2011 to its logical end within the time allowed by the Central
Government vide its notification issued under Section 23 (2) of the
Act, 2009.
4. The judgment of the learned Single Judge is modified to
the above extent.
The parties shall bear their own costs.
Order Date :- 20.11.2013
LA/Sandeep