PHOOL CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) THE petition seeks issuance of a writ in the nature of certiorari quashing impugned Notification dated 25.12.2013 placed on record as Annexure -1 to the extent "candidate must possess the D.Ed. or BTC or EL. Ed. from U.P. The petition also seeks issuance of a writ in the nature of mandamus directing the respondents to permit the petitioners to appear in U.P.T.E.T. -2014 considering their eligibility of having passed D.Ed. course from Madhyamik Education Division, Madhya Pradesh, Bhopal. The petition has been filed with the foundation that the petitioner Nos. 1 to 3 are B.A. pass and are studying in two years Diploma in Education course from Madhyamik Education Division, Madhya Pradesh, Bhopal, however, are permanent resident of Uttar Pradesh.

(2.) IT has been projected before this Court that Teacher Eligibility Test is required to be conducted. For the said purpose, N.C.T.E. issued guidelines under the Right of Children to Free and Compulsory Education Act, 2009. In brief, it has been projected that because the petitioners are pursuing their D.Ed. course in Madhya Pradesh, their application form is not being entertained. The reason given is that the petitioners should have passed D.Ed course from such institutes, which are recognized by State of U.P. as well as N.C.T.E. So as to establish the contention above -noted, Annexure -1 has been placed on record.

(3.) SHRI Ojha, Advocate, has argued that the petitioners have not brought on record any application made by them, which had been rejected by the respondents on the ground that the petitioner is pursuing his D.Ed. course from Madhya Pradesh. In absence of any such rejection, neither prayer for certiorari could be made nor a prayer for issuance of a writ in the nature of mandamus can be entertained.