JITENDRA KUMAR SONI Vs. STATE OF U P

JUDGEMENT

(1.) The questions referred to this Full Bench and which we have re-framed for consideration are:

(2.) A learned Single Judge of this Court, while hearing the writ petition of applicants, who had applied for admission to Special B.T.C. Course, 2007 in Jitendra Kumar Soni and others v. State of U.R and others, in Civil Misc. Writ Petition No. 3733 of 2009, noted that their candidature had been rejected only on the ground that they had obtained a degree of Bachelor of Physical Education (B.P.Ed.)/Diploma of Physical Education (D.P.Ed.) from the colleges/University situate outside the State of Uttar Pradesh in view of the terms and conditions of the Government Order dated 14th November, 2008, regulating admission to B.T.C. Course-2007. By that order, only the students, who had passed their B.P.Ed./ D.P.Ed. from the institutions situate in the State of Uttar Pradesh were alone entitled to apply for Special B.T.C.-2007. This condition was challenged before the learned Single Judge on various grounds, which can be enumerated as under:

(3.) The matter was placed before a learned Division Bench. That Division Bench was pleased to note that the judgment in Vijay Kumar Kushwaha v. State of U.R and others, (2003) 3 UPLBEC 2211, which had upheld the restrictions imposed by the Government Order for admission to B.T.C. course was required to be re-considered for the reasons set out therein and accordingly, referred a 3rd question and in view of that, the matter was placed before the Chief Justice, for constituting a Larger Bench.