RAJESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Shri Sudamaji Shandilya, learned counsel for the petitioners. Shri Rajesh Kumar-petitioner no.1 also appeared and was permitted to argue in person. Learned Standing Counsel appears for the State respondents. Shri K. Sahi appears for the Secretary, Basic Education Board, U.P. Allahabad and District Basic Education Officer-Etawah-respondent nos.3 and 4.

(2.) In this intra court special appeal under Chapter 8 Rule 5 of the Rules of the Court, 1952, the petitioners-appellants are aggrieved by the judgment and order dated 11.8.2009 passed by the learned Single Judge in Writ Petition No.41099 of 2009, Rajesh Kumar & Ors. v. State of U.P. & Ors. by which the writ petition was dismissed by a short judgment on the ground that the law declared by this Court in Special Appeal No.25 of 2000, Upendra Rai v. State of U.P. & Ors. decided on 18th February, 2000, has since been overruled by Hon'ble Supreme Court of India in the case of U.P. Basic Education Board v. Upendra Rai, 2008 2 JT 479.

(3.) Brief facts, which gave rise to the writ petition are that Shri Rajesh Kumar-petitioner no.1 passed out Buniyadi Prashikshan Praman Patra from Madhyamik Shiksha Mandal Madhya Pradesh, Bhopal in the year 1995 in Second Division; Smt. Rajani-petitioner no.3-appellant passed out the same examination in the year 1995 in Second Division and Shri Manoj Kumar Mishra-petitioner no.2-appellant no.3 (impleaded as appellant in the special appeal vide order of the Court dated 12.9.2012) passed out the same examination in the year 1995 in First Division. The examination for Buniyadi Prashikshan Praman Patra is held by the Madhyamik Shiksha Mandal Madhya Pradesh, Bhopal as teachers training certificate. The Director of Education (Basic), U.P. by his letter dated 16.3.1986 had issued a circular to all the educational authorities forwarding the list of training certificates/ diplomas obtained from different states, which were treated to be equivalent to the certificate and degrees granted by the State of U.P. This circular included at Item No.21 the Madhya Pradesh Bunayadi Prashikshan Patropathi to be equivalent to Basic Teachers Certificate (BTC).