LAWS(ALL)-2003-4-8

VIJAI KUMAR KUSHWAHA Vs. STATE OF U P

Decided On April 29, 2003
VIJAI KUMAR KUSHWAHA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Vikrant Pandey, learned Counsel appearing for the appellants and Sri Ranvijai Singh, learned Standing Counsel appearing for the respondents.

(2.) This appeal has been preferred against the judgment and order passed by the learned Single Judge of this Court in Civil Misc. Writ Petition No. 27948 of 1999. The prayer in the writ petition was for a mandamus directing the respondents to permit the petitioners to join B.T.C. training course in pursuance of the Advertisement dated 8.3.1998. The aforesaid advertisement had been issued in pursuance of the Government Order dated 9.1.1998 whereby it was provided that only those candidates who had obtained C.P.Ed., B.P.Ed./L.T., D.P. Ed., B.Ed. degrees/certificates from within the State of Uttar Pradesh would alone be qualified to apply.

(3.) Admittedly, the appellants have obtained B.Ed. degrees from the State of Madhya Pradesh and not from any College/University within the State of Uttar Pradesh. The appellants have contended that such a restriction imposed by the said Government Order is wholly arbitrary as the degrees obtained by the appellants were duly recognized under the N.C.T.E. Act and as such they were also eligible for applying against the said advertisement dated 8.3.1998.