SUDHIR NARAIN, J. ( 1 ) THIS writ petition is directed against the order dated 21. 6. 1997 passed by the Chairman, Board of Basic Education, U. P. , Allahabad/director of Education (Basic), U. P. , Allahabad, respondent no. 3 cancelling the appointments of 368 Assistant Teachers appointed in Primary Schools. ( 2 ) THE facts of the case are in a narrow compass. One Siddheshwari Singh was District Basic education Officer in the district Jaunpur in the year 1995. He got published an advertisement on 21. 10. 1995 in the daily newspaper rashtriya Sahara for appointment to the post of Assistant teachers in Primary Schools, run by the U. P. Basic Education Board. The petitioners and various other candidates applied for appointment. The candidates were selected by Sri siddheshwari Singh, Basic Education Officer along with one Jang Bahadur, Deputy Inspector of schools. The District Basic Education Officer issued appointment letters to 368 candidates including the petitioners between the period 24. 2. 1996 to 14. 3. 1996. These selected teachers were given appointment in various Primary Schools run by the District Education Board in the district Jaunpur. ( 3 ) THE Regional Joint Director of Education (Basic), Azamgarh made enquiry relating to these appointments and found that various irregularities were committed in making the appointments. The report was submitted to the Director of Education (Basic) and the Chairman, U. P. Basic education Board. Allahabad. On considering the report, all the 368 appointments were cancelled by the impugned order dated 21. 6. 1997. The petitioners, who were issued appointment letters in pursuance of the aforesaid selection, have challenged this order. ( 4 ) THE selection has been cancelled on three grounds : 1. The Selection Committee was not duly constituted in accordance with the provisions of Rule 16 of U. P. Basic Education (Teachers) Service Rules, 1981 as amended by U. P. Basic education (Teachers) Service (Sixth Amendment) Rules, 1994 ; 2. The total number of vacancies were not ascertained before issuing the appointment letters ; and 3. The appointments have not been made of the candidates belonging to the Scheduled castes/scheduled Tribes according to percentage of reservation fixed for them under the Rules. ( 5 ) SRI Ashok Khare, learned counsel for the petitioners contended that the petitioners were entitled to get opportunity of hearing before their appointments were cancelled. The appointments have not been made of the candidates belonging to the Scheduled castes/scheduled Tribes according to percentage of reservation fixed for them under the Rules. ( 5 ) SRI Ashok Khare, learned counsel for the petitioners contended that the petitioners were entitled to get opportunity of hearing before their appointments were cancelled. He has placed reliance upon the decision Shridhar v. Nagar Palika, Jaunpur and others, AIR 1990 SC 307 , wherein it was held that if an appointment is set aside, the incumbent should be given an opportunity of hearing. This legal position has not been disputed by Mr. K. S. Shukla, learned counsel appearing for respondents. His contention is that the fact stated in the order is not being disputed in the writ petition. The undisputed facts clearly indicate that the selection of the petitioners was not in accordance with the Rules and on the basis of such invalid appointments, the petitioners cannot claim any right to the post. It is necessary to examine the relevant provisions of the Rules. ( 6 ) THE U. P. Basic Education (Teachers) Service Rules, 1981 was amended by U. P. Basic education (Teachers) Service (Sixth Amendment) Rules. 1994. Rule 4 provides for strength of the service. Rule 5 provides for sources of recruitment. Rule 6 provides for age of a candidate. Rule 8 provides for academic qualifications. Rule 9 provides for reservation. Rule 14 provides for determination of vacancies and preparation of list of eligible candidates for the post of mistress of Nursery Schools and Assistant Master or Mistress of Junior Basic Schools. Under rule 14 the appointing authority is to notify every vacancy to the employment exchange and also in at least in one newspaper having adequate circulation in the locality. The appointing authority is to scrutinise the applications received in pursuance of the advertisement and the names of the candidates received from the employment exchange in pursuance of the vacancies notified under sub-rule (1) and thereafter he is to prepare a list, district-wise, of such persons as appear to possess the prescribed educational qualifications and eligible for appointment. The appointing authority is to scrutinise the applications received in pursuance of the advertisement and the names of the candidates received from the employment exchange in pursuance of the vacancies notified under sub-rule (1) and thereafter he is to prepare a list, district-wise, of such persons as appear to possess the prescribed educational qualifications and eligible for appointment. ( 7 ) THE candidates having passed the required training course earlier shall have precedence over the candidates having passed the same course later and the names of the candidates having passed the required training course in a particular year shall be arranged in accordance with merit attained by them in that particular year. The Regional Deputy Director of Education may, on the application of any candidate, direct for reasons to be recorded, his name to be include"! at the bottom in the list of any district other than his own district. The list prepared by the appointing authority is to be forwarded by such authority to the Selection Committee, Rule 16 provides for constitution of Selection Committee. The constitution of Selection Committee as amended by 1994 Rules provides as follows : "16. Constitution of Selection Committee. For Selection of candidates for appointment to any post under these rules, there shall be constituted a Selection Committee comprising : a ffi fh k faddii ldi i Chi (a)An officer of the rank of Additional District magistrate nominated by District Magistrate (b)District Basic Education Officert (c)Principal, Government Girls Intermediate college at the District Head Quarter (d)District Non-Formal Education Officer (e)One specialist In Hindi, Urdu or other nominated by District Magistrate chairman Member member Member member Note:-- If the Selection Committee constituted in the aforesaid manner does not include persons belonging to the Scheduled Castes/tribes, other backward classes or community as are not represented on the committee shall be nominated by the District Magistrate from amongst district level officers as member of the Selection Committee. " f the Selection Committee constituted in the aforesaid manner does not include persons belonging to the Scheduled Castes/tribes, other backward classes or community as are not represented on the committee shall be nominated by the District Magistrate from amongst district level officers as member of the Selection Committee. " ( 8 ) ADMITTEDLY the list was prepared by Basic Shiksha Adhikari and selection was made by him and one Jang Bahadur. Deputy Inspector of Schools. " ( 8 ) ADMITTEDLY the list was prepared by Basic Shiksha Adhikari and selection was made by him and one Jang Bahadur. Deputy Inspector of Schools. The report clearly indicates that Selection committee was not constituted consisting of the officer of the rank of Additional District magistrate nominated by the District Magistrate, the Principal of Government Girls Inter College and specialist in Hindi, Urdu or other languages. It appears Siddheshwari Singh, who was functioning as District Basic Education Officer, was also functioning as District Non-Formal education Officer. The Chairman of the Selection Committee is to be an officer of the rank of additional District Magistrate nominated by the District Magistrate. The Selection Committee was thus not properly constituted and the selection made by the District Education Officer was thus wholly invalid. There is no allegation in the writ petition that the Selection Committee was properly constituted. ( 9 ) EACH of the candidates was required to appear before the Selection Committee. Rule 17 provides for the procedure for selection for recruitment to a post of teaching a language and Rule 17a provides procedure for direct recruitment to a post for teaching subjects other than language. Under Rule 17, written examination is to be conducted while under Rule 17a Written examination of the candidates is not contemplated. The Selection Committee was not constituted in accordance with the provisions of Rule 16 and as such the appointments of the petitioners were rightly held to be liable for cancellation by respondent No. 1. ( 10 ) THE second ground raised is regarding extent of vacancies and the third with regard to filling up the vacancies according to reservation quota fixed for scheduled castes/tribes and other classes mentioned under the rules. The details of number of vacancies and the posts which are to be reserved have not been disclosed in the counter-affidavit. ( 11 ) THERE is no allegation against the petitioners that they have committed any fraud. The petitioners applied for appointment in pursuance of the advertisement issued by the District basic Education Officer. ( 12 ) CONSIDERING the facts and circumstances of the case, it would be appropriate that the District basic Education Officer, on the basis of applications received in pursuance of the advertisement dated 21. 10. The petitioners applied for appointment in pursuance of the advertisement issued by the District basic Education Officer. ( 12 ) CONSIDERING the facts and circumstances of the case, it would be appropriate that the District basic Education Officer, on the basis of applications received in pursuance of the advertisement dated 21. 10. 1995 and if any applications have been received from the Employment Exchange, shall prepare a list of the candidates in accordance with Rule 14 (2) of the Rules. The Selection committee should be constituted in accordance with the provisions of Rule 16 of the Rules and prepare a list of the selected candidates. ( 13 ) THE candidates were given appointment letters between 24. 2. 1996 to 14. 3. 1996 and the impugned order was passed on 21. 6. 1997 after more than one year. The petitioners are alleged to be teaching in the Primary Schools allotted to them as per their appointment letters. The writ petition is disposed of with the , directions given below: (i) The District Basic Education Officer, Jaunpur will prepare the list of the candidates afresh in accordance with the provisions of the rules within a month: (ii) Respondent No. 1 shall take steps to constitute a Selection Committee within three weeks and such Selection Committee will select the candidates in accordance with the provisions of the rules ; (iii) Respondent No. 1 will specify the number of vacancies reserved for Scheduled castes/tribes and other classes which are mentioned under the rules and also the total number of vacancies to be filled in. It will also specify the vacancies for the post for teaching language and for teaching subjects other than language within a month ; (iv) The result of the selection shall be declared within 15 days from the date of making the selection. It will also specify the vacancies for the post for teaching language and for teaching subjects other than language within a month ; (iv) The result of the selection shall be declared within 15 days from the date of making the selection. The entire exercise of selection shall be done within a period of three months from today ; (v) The Selection Committee shall give notices before making any final selection to the petitioners and such other candidates whose appointments have been cancelled ; (vi) As the petitioners have already taught for more than one year, they shall be permitted to continue to teach in the institution in which they are teaching for a period of three months or till the selection is made as indicated above whichever is earlier ; (vii) The petitioners who are not selected by the Selection Committee or found to have been appointed on the vacancy on which they could not have been appointed, shall not be entitled to continue in service and shall be given notices accordingly ; (viii) Respondents are directed to take disciplinary proceedings against Siddheshwari Singh who was acting as Basic Education Officer and made selection in total disregard of Rule 16 of the rules causing hardships to all the candidates. .