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(9) The Secretary, U.P. Basic Education Board issued a circular, whereby the selection process was stopped until further orders. The circular dated 23.03.2017, was subject matter of challenge in Writ Petition No.27870 (S/S) of 2017; Neeraj Kumar Pandey VS. State of U.P. and others, wherein, the circular issued by the Secretary, Board of Basic Education was quashed and direction was issued to complete the selection process within two months. In the mean time, an amendment was promulgated in Rule 14 (1)(a) of the U.P. Basic Education (Teachers) Service Rules, 1981 (for short ''Rules of 1981') to the effect that the restrictive condition in regard to the limitation to apply by the candidates of the district was withdrawn.

(10) Against the judgment and order dated 03.11.2017, passed in Writ Petition No.27870 of 2017 the State Government preferred special appeal No.648 of 2017, which was dismissed with a direction to complete the selection process within the period, which was prescribed in the writ petition. The State Government issued a Government Order on 11.04.2018 to complete the selection process by 15.06.2018.

(11) The Basic Education Board issued a circular on 16.04.2018 for registration of attendance to accommodate other waiting candidates in case of vacancies. The petitioner filed the present writ petition before this Court, wherein vide order dated 19.04.2018 an interim order was granted in the following manner:

32. Per contra, State has contended that granting relaxation of marks to SCs/STs/OBCs and others will not amount to change in the rules of the games. By relaxation of marks more candidates belonging to reserved category are allowed to compete. The appellants cannot contend that their rights have been taken away; no prejudice has been caused to them as the selection criteria has not been altered with respect to them.
33. Appellants appeared in the TET conducted on 17.08.2013 and 18.08.2013. Respondents were to select the suitable candidates. As per the selection criteria laid down in G.O. Ms. No. 252 laid down that the candidates have to secure minimum 60% in TET so as to qualify the said exam. The weightage of the marks secured in TET was 60% and that of academic qualification was 40%. It is true that the candidates who passed TET were called to attend certificate verification on 23.01.2014 and 24.01.2014; but the selection process has not been completed. Later on, G.O.Ms. No.25 dated 06.02.2014 was issued granting relaxation of 5% marks to SC, ST, backward classes, physically handicapped, de-notified communities etc. The purpose of relaxation was to increase the participation of candidates belonging to backward classes in State's pool of teachers. The State Government merely widened the ambit of TET so as to reach out to those candidates belonging to the deprived section of the society who were not able to compete, inspite of possessing good academic records and qualifications. The change brought about in the selection criteria is Government's prerogative. In terms of their extant reservation policy, the State Government is free to take actions suitable to the socio- economic conditions prevalent in the State, especially with regard to selection of candidates belonging to reserved category to be employed in State Service. Merely, because the Government has widened the ambit of selection, so as to enable more and more candidates to take part in the selection process, the right of candidates who were already in the process cannot be said to have been adversely affected. It is in the interest of reserved category of candidates that more candidates take part in the selection process and best and most efficient of them get selected. This will not amount to change in the criteria for selection after the selection process commenced.