QAMAR RAZA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Mansoor Ahmad for the appellant in support of Appeal No. 1294 of 2007. This appeal seeks to challenge the judgment dated 14. 9. 2007 rendered by a learned Single Judge on a group of writ petitions. One of them is Writ Petition No. 47044 of 2006, Smt. Reshma and others v. State, wherein Qamar Raza was one of the petitioners. The appeal seeks to challenge the judgment for non-consideration of appellants' prayer that the certificate of Mauallim-e-Urdu be considered equivalent to B. T. C. (Urdu) Mr. D. K. Arora, Additional Advocate General, appears for the State, to oppose this appeal. Mr. Shashi Nandan has appeared in support of the impleadment application moved in Special Appeal No. 1294 of 2007.

(2.) WE allow the impleadment application filed by Aaisha Parveen and seven others for joining in Special Appeal No. 1294 of 2007. Mr. Shashi nandan, appears for applicants. They are students who have their graduation with Urdu as a subject. They are opposing the prayer of appellant in Special appeal No. 1294 of 2007, which seeks to join Basic Teacher Certificate (B. T. C.)Course (Urdu) on the basis of Maullim-e-Urdu Certificate.

(3.) THIS appeal arises out of the common judgment rendered by Single Judge on 14th September, 2007 on a group of matters concerning admission to Urdu b. T. C. Course run by the State of Uttar Pradesh. Learned Single Judge has disposed of those petitions but it was not clear whether those petitions are allowed or dismissed. He has held the B. T. C. Urdu Course to be illegal. The petitioners who wanted admission to the Urdu B. T. C. Course felt aggrieved by the judgment and so also the State Government. All of them filed appeals against not judgment. As far as the appeals filed by the State Government are concerned those of them which were concerning the scheme floated by the State government were separated, heard and decided by judgment rendered by this court in Special Appeal No. 1330 of 2007 : State of U. P. and others v. Km. Sumbul Naqvi. This Court by its judgment dated 28. 11. 2007 has already held that the Government Order dated 18th March, 2006 and the advertisement dated 26th March, 2006 are valid and there is no diversion of any seat from the regular B. T. C. Course (through Hindi medium) to B. T. C. (Urdu) course. This court has already perused the correspondence between the State Government and N. C. T. E. an has held in its judgment in the above matter that wherever there are ten or more students opting for basic education through Urdu medium they have to be provided the facility and for that purpose this course is being conducted for teachers training for primary education through Urdu medium. The judgment dated 14. 9. 2007 has been set aside.