Neutral Citation No. - 2025:AHC:20815 Court No. - 10 Case :- WRIT - A No. - 707 of 2025 Petitioner :- Nitish Maurya And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- A.K.S.Parihar,C.S.C. with Case :- WRIT - A No. - 782 of 2024 Petitioner :- Durga Sharan Pathak Respondent :- State of U.P. Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- A.K.S.Parihar,C.S.C. with Case :- WRIT - A No. - 2499 of 2024 Petitioner :- Amod Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ram Singh Counsel for Respondent :- A.K.S.Parihar,C.S.C. with Case :- WRIT - A No. - 4067 of 2024 Petitioner :- Raj Kumar Gupta Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- A.K.S.Parihar,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard S/Sri Ashok Khare, learned Senior Advocate assisted by Sri Kauntey Singh, learned counsel for petitioners in Writ A No. 707/2025, Sri Alok Mishra, learned counsel for petitioners in Writ A No. 782/2024 and 4067/2024 and Sri Ram Singh, learned counsel for petitioner in Writ A No. 2499/2024 and Sri A.K.S. Parihari, learned counsel for respondent- Board/Commission. 2. Issue before this Court can be crystalized that whether respondent U.P. Secondary Education Service Selection Board (now "U.P. Education Service Commission") has a discretion to prepare panel of those found suitable for appointment up to 25 % of the number of vacancies or mandatory only up to be 25% of the number of vacancies. 3. A chart is placed by learned advocates for petitioners which indicates some arbitrariness in regard to percentage of panel list whereas learned counsel appearing for Commission has placed reliance on a procedure to prepare waiting list issued by Controller of Examination, U.P. Education Service Commission wherein certain percentage has been fixed, however, it does not appear that such notification was approved at level of Commission as well as whether views of concerned State respondents were considered or not. 4. Therefore, without interfering with impugned order, all writ petitions are disposed of with a direction that above referred Board ("now Commission") will take a reasoned and conscious decision at the level of Commission after taking views from State respondents also. 5. Since now there is a change of Statute so far as Board and Commission is concerned, therefore, it is observed that Commission itself can take a decision though selection process in question was conducted by Board and since matter is of appointments, therefore, a decision will be taken within 3 weeks and it will be published on official website of the Commission and Commission will also consider a letter sent by Director of Education dated 06.09.2023 annexed as Annexure-7 to this writ petition. Order Date :- 13.2.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad