High Court · 2025

Legal Reasoning

2. Sri R.K.Ojha, learned Senior Counsel appearing on behalf of the petitioners submitted that the instant writ petition was filed on 1st June, 2025 prior to the last date of submission of application form i.e. 14th June, 2025 and extended till 23rd June, 2025. It is submitted that on the earlier occasion, the U.P. Higher Education Service Commission, Prayagraj has issued an advertisement as advertisement no. 51 for filling the vacancies to the post of Assistant Professor in different disciplines and out of the same for appointment on the post of Assistant Professor (B.Ed.), 75 posts were also advertised. He has referred the said advertisement which is appended as Annexure No. 2 to the writ petition. As per the advertisement, the B.Ed. was a required qualification for the post of Assistant Professor (B.Ed.). The said qualification and the advertisement no. 51 were challenged before this Court by way of filing the writ petition being Writ-A No. 12803 of 2022 (Anju and 2 others Vs. State of U.P. and 2 others). The aforesaid writ petition was allowed by this Court vide order dated 09.12.2022 and the qualification of Assistant Professor (B.Ed.) has been set aside and also directed to return the fees deposited by the applicants. The Commission was directed to issue a fresh advertisement. It is further submitted that the said order was challenged before the Division Bench of this Court in Special Appeal Defective No. 287 of 2023. The Division Bench of this Court has dismissed the said special appeal vide order dated 21.04.2023. The special appeal order dated 21.04.2023 has been challenged before the Hon'ble Supreme Court by way of filing the Special Leave to Appeal (C) No. 17719 of 2023 which has also been dismissed. The U.P. Higher Education Service Commission has been dismantled and thereafter new Commission known as the U.P. Education Service Selection Commission has been established under the U.P. Education Service Selection Commission Act, 2023. The new Commission has issued a fresh advertisement for filling the posts and also issued the Press Note dated 23.05.2025 by which the following programme are given. (i) The starting date for online application registration is 23.05.2025. (ii) The starting date for depositing online application fee is 24.05.2025. (iii) The last date for registration of online application form is 12.06.2025. (iv) The last date for depositing online application fee is 13.06.2025. (v) The last date for submitting online application form is

14.06.2025 by 5.p.m..

3. Sri Ojha, learned Senior Counsel has submitted that as per the new advertisement, the last date of submission of application form has been given on 14.06.2025 and further extended till 23.06.2025. As per the new advertisement, which is appended as Annexure No. 6 to the writ petition, it has been contended that the qualification for the post of Assistant Professor (B.Ed.) has been considered on the date of earlier advertisement.

4. It is admitted fact that the petitioners herein have not applied for the post of Assistant Professor (B.Ed.) in pursuance of the advertisement no. 51 i.e. earlier advertisement as they were not qualified at that time but after the constitution of the new commission, new advertisement in the year 2025 has been published after about three years. The petitioners herein have attained the qualification as required.

5. Sri Ojha, learned Senior Counsel has vehemently submitted that by perusal of the aforesaid press note dated 23.05.2025 and the amended advertisement of advertisement no. 51, it is very clear that the respondent no. 2 has stated that in earlier advertisement no. 51, which has already been quashed by this Court, 75 posts were advertised and now it is enhanced upto 107 posts, therefore fresh advertisement was issued by making necessary amendment regarding the qualifications, however, it is submitted that one condition has been imposed in the impugned press note dated 23.05.2025 that educational eligibility of the candidates will be on the date i.e. 31.08.2022 to be applied, as it was last date of submission of the application form in earlier advertisement no. 51 issued by then Commission is not tenable under the law. It is clear violation of the Article 14 and 16 of the Constitution of India.

6. It is further submitted that aforesaid condition of the press note being the petitioners who are eligible upto the last date of submission of the application from i.e. 14.06.2025 extended upto 23.06.2025 are only permitted the candidates who have earlier applied against the advertisement no. 51 fixing the last date of educational eligibility upto 31.08.2022 is absolutely arbitrary and unjust.

7. Per contra, Sri Gagan Mehta, learned counsel appearing for the Commission has vehemently opposed the petition and submitted that the last date of submission of application form has already been decided by the Commission and duly mentioned in the advertisement. He has also referred several judgments passed by the Hon'ble Supreme Court. He submitted that it is well settled law that the Commission has all rights to fix the last date of submission of form as also last date for determination of qualification of the candidates. Learned counsel for the Commission has vehemently submitted that the petition has no merit in the instant case as the petitioners have not been attained the qualification as per the terms and conditions of the advertisement and they have failed to make out any case for the purpose of issuance of writ.

8. At this juncture, learned Senior Counsel appearing for the petitioner has submitted that since the petitioners have filed the writ petition prior to the last date of submission of application form as mentioned in the press note dated 23.05.2025. It is admitted fact that the petitioners are qualified for the post of Assistant Professor (B.Ed.) as per the advertisement. This is also an admitted fact that as per clause 1.11 of the new advertisement, the candidate must be qualified on the last date of submission of application form and the last date of submission of form has been mentioned in the press note as on 14.06.2025 and extended till 23.06.2025, therefore it is prayed that in the interest of justice, the writ petitioners may be allowed to submit the application form on the portal of the Commission as the instant writ petition has been filed prior to the last date of submission of form.

9. Heard Sri R.K.Ojha,learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioners, learned Standing Counsel for the State and Sri Gagan Mehta, learned counsel for the respondent no. 2 and perused the records.

10. On the earlier occasion, the advertisement bearing no. 51 issued by the U.P. Higher Education Service Commission relates to selection on the post of Assistant Professor (B.Ed.) was challenged by way of filing a writ petition being Writ-A No. 12803 of 2022 before this Court. Vide order dated 09.12.2022, this Court has passed the following order. "13. Consequently, the impugned Advertisement No. 51 issued by the Commission insofar as it relates to appointment of 75 posts of Assistant Professor (B.Ed.) is found to be contrary to and lesser than that enforced by the special law. Therefore, to that extent, the impugned Advertisement is contrary to the mandatory law. It is quashed (only to that extent). The Commission may proceed to refund the application money to all the affected applicants through same mode it may have received that money from the individual candidates. Such compliance may be made within a period of two weeks from today. The Commission may issue a fresh advertisement with respect to the above posts strictly in accordance with the norms of the N.C.T.E. Regulations.

Decision

14. Accordingly, the present petition is allowed. No order as to costs."

11. In pursuance of the said order, the selection commission has issued directions by which the advertisement no. 51 has already been cancelled which is reproduced herein below :- "इस ययाचचिकया मम पयाररित आददेश चदनयााሪक 09.12.2022 दयारिया सहयायक आचियायर बबी०एड० 1 कदे कदे 107 पदोረ कदे चविजयापन कको चनरिस्त करितदे हहए पपुननः N.C.T.E मयानकको कदे अनपुरूप चविजयापन ्ቚकयाचशत करिनदे कया आददेश पयाररित चकयया गयया। तत््ቅमदे मम मया० उच्चि न्ययाययालय मम ययाचचिकया साሪख्यया- 12803/2022 अन्जजू वि 02 अन्य यकोजजत ककी गयबी। इस ययाचचिकया मम पयाररित आददेश चदनयााሪक 09.12.2022 एविाሪ मया० उच्चितम न्ययाययालय मम यकोजजत चविशदेष अनपुजया ययाचचिकया साሪख्यया- 17719/2023 मम पयाररित आददेश चदनयााሪक 01.09.2023 कदे अनपुपयालन मम एविाሪ शयासनयाददेश साሪख्यया-1/876745/2025/70-2099/8/2025 उच्चि चशकया अनपुभयाग - 2 लखनऊ चदनयााሪक

10.02. 2025 दयारिया N.C.T.E REGULATIONS-2014 कदे अनपुसयारि बबी०एड० ककी साሪशकोजधित शशैचकक अहरतया परि अनपुमकोदन / स्विबीकक चत ्ቚया्቎ हकोनदे कदे उपरियान्त यह चविजयापन ्ቚकयाचशत चकयया जया रिहया हशै।"

12. It is admitted fact that a fresh amended advertisement no. 51 has been issued on 23.05.2025 in which the last date of submission of form is mentioned as on 14.06.2025 and extended further till 23.06.2025.

13. The main arguments and objections raised by the learned Senior Counsel appearing on behalf of the petitioners that for purpose of recruitment on the post of Assistant Professor (B.Ed.) in accordance with fresh amended advertisement the educational eligibility will be considered on the date of the submission of the form as per the old advertisement no. 51 i.e. 31.08.2022 without application of mind, arbitrary in nature and unjust, violative of Article 14, 16 of the Constitution of India.

14. After taking into consideration of the contents of the petition and the submissions of learned Senior Counsel, I find force in the argument but I have also considered that the recruitment process has already been started in pursuance of the new amended advertisement, therefore I am not inclined to interfere in the recruitment process at this stage but in the interest of justice, I am inclined to consider the alternative prayer to allow the writ petitioners to fill the form online as they have approached this Court by way of filing the instant writ petition before the last date of filling of the form as per amended advertisement.

15. In view of the aforesaid observations and directions, the Commission is directed to open the portal to enable the petitioners for filling up their form for one day i.e. 7th July, 2025 from 10.00 a.m. to 5 p.m. It is also made clear that the aforesaid direction has been passed only for the writ petitioners as the instant writ petition has been filed prior to the last date of submission of form as per the amended advertisement.

16. Accordingly, the writ petition is disposed of. Order Date :- 1.7.2025 Pratima (Chandra Dhari Singh,J.) PRATIMA AGRAHARI High Court of Judicature at Allahabad