Under challenge is the list dated 15.07.2019, which is a list of surplus Teachers. The petitioners being aggrieved are before this Court challenging the said list on various grounds, the primary ground being that earlier this Court in a bunch of petitions leading petition being Writ Petition No.25238 (SS) of 2018 in re: Smt. Reena Singh and others vs. State of U.P. and others, decided on 11.12.2018, a copy of which has been filed as Annexure-11 to the petition, had set-aside the earlier Government Order dated 20.07.2018 and Circular dated 16.08.2018 providing for adjustment of surplus Teachers and had left it open to the Government that if it is desirous to frame a policy in regard to transfer/adjustment of Teachers of Junior Basic Schools and Senior Basic Schools, it would be at liberty to frame a fresh policy in consonance with the provisions contained in Right of Children to Free and Compulsory Education Act, 2009, Right of Children to Free and Compulsory Education Rules, 2010 and U.P. Basic Education (Teachers) Service Rules, 1981. It is also contended that this Court in paragraph 24 of the judgment had also indicated that the criteria for surplus Teachers should be to first accommodate those Teachers who have been transferred from other districts in those schools in which the pupil-teacher ratio is less than the prescribed limit and then to post fresh appointees on those posts and thereafter the Teachers already working should have been redeployed and adjusted on the remaining posts.
