Neutral Citation No. - 2025:AHC:118391 Court No. - 52 Case :- WRIT - A No. - 5470 of 2019 Petitioner :- Ranu Mishra And 12 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maha Prasad,Monu Mishra Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioners, Mr. Harsh Pratap Singh, Advocate holding brief of Mrs. Archana Singh, learned counsel for respondent no.2 as well as learned Standing Counsel for the State- respondents. This writ petition has been filed with the prayer to direct the Secretary, U.P. Basic Education Board, Allahabad/respondent no.2 to take compliance of 2nd and 3rd clause of the notification dated 30.12.2016 issued by Secretary, U.P. Basic Education Board, Allahabad in the light of orders passed by this Hon'ble Court in Writ Petition No.27870 of 2017 (Neeraj Kumar Pandey and Others vs. State of U.P. and Others), order dated 12.04.2018 passed in Special Appeal No.648 of 2017 enabling the petitioners to get appointed on the post of Assistant Teacher against available vacancies in selection of total 29334 posts of Assistant Teacher (Mathematics and Sciences) to be appointed in different Senior Basic Schools (Junior High Schools) in different Districts of State of U.P. within stipulated period. The matter is pending since 2019 where instructions were called vide order dated 15.04.2019 but till date no instructions are there. Learned counsel for the petitioners has placed the order passed in Writ-A No.- 2626 of 2016 (Jai Singh Yadav And 51 Others vs. State of U.P. and Another) dated 09.07.2025 before the Court submitting therein that the present petition is covered by the aforesaid order in which learned counsel for the petitioner has relied upon a judgment of Apex Court passed in the case of The State of Uttar Pradesh vs. Neeraj Kumar Pandey and Others (Special Leave Petition (C) Diary No.18516 of 2019), decided on 29.01.2025, arising out of same recruitment process and for reference, following paragraphs of said judgment are reproduced hereinafter :- "13. In the circumstances as above, we direct the State of Uttar Pradesh to consider the claims of each of the candidates who were the petitioners before the single judge for appointment on posts of Assistant Teachers (Science and Mathematics). Those of the candidates who are found to have secured marks more than the candidate who has been appointed with the least number of marks shall be considered and offered appointment, in accordance with law, with the clear stipulation that such candidate shall not be entitled to seniority as well as arrears of salary. 14. To facilitate compliance of this order, we grant liberty to the successful candidates before the High Court to place before the State a list indicating the marks that such candidates would have been entitled to, had the process not been kept on hold, in terms of the formula that has been adopted for assessing the merit of all the candidates. 15. Let this exercise be completed as early as possible, but preferably within three months from date and in any case not beyond six months. 16. It is made clear that only those candidates who have approached this Court with writ petitions/interlocutory applications seeking intervention, impleadment, etc. any time before 31st December, 2019 shall be entitled to the benefit of this order. Relief is declined to the others on the ground that they were fence-sitters." Learned counsel for respondent no.2 does not dispute the aforesaid fact. Learned Standing Counsel for the State-respondents submits that petitioners will be entitled for benefit of aforesaid judgment only when the conditions prescribed therein are fulfilled. I have considered the submissions and in aforesaid circumstances this writ petition is disposed of in terms of above referred judgment passed in Neeraj Kumar Pandey (supra). However, concerned respondent will consider the case of petitioners strictly in terms of Neeraj Kumar Pandey (supra). Order Date :- 21.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad