DEEPASINGH Vs. STATE OF U P

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard learned Counsel for the petitioners and Sri K. S. Kushwaha learned Standing Counsel appearing for the respondents. All these writ petitions raise common questions and have been heard together. Counter and rejoinder affidavits have been exchanged in writ petition No. 50254 of 2007 and it is sufficient to refer to the pleadings in writ petition No. 50254 of 2007 for adjudicating the controversy.

(2.) ALL these writ petitions challenge the notification/select list issued by the Principals of the District Institute of Education and Training in so far they treated ineligible the candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, from outside the State of Uttar Pradesh. Mandamus has also beeyi sought commanding the respondents to consider those candidates as eligible for Special B. T. C. Training Course- 2007 who have obtained their Bachelor Degree/certificate/diploma in Physical Training from the Institutions situate outside the State of Uttar Pradesh. In writ petition No. 50910 of 2007 notification dated 1. 9. 2007 issued on behalf of the Principals of District Institute of Education and Training inviting applications for Special B. T. C. Training Course-2007 from all those candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, from the institutions within the State of Uttar Pradesh has been challenged.

(3.) LEARNED Standing Counsel appearing for the respondents submitted that in the Government order dated 20th February, 2004 also only those candidates who have passed the B. P. Ed. , C. P. Ed, and D. P. Ed, were permitted to apply who have obtained the said certificate from the Institute, Training Institute and the University within the State of Uttar Pradesh and the State Government in its proposal dated 26th June, 2006 with regard to B. P. Ed. , C. P. Ed. and D. P. Ed, recommended to be eligible for Special B. T. C. Training Course-2007 only those candidates who have passed the said certificate, diploma and the Degree from the Institution, Training Institute and the University within the State of Uttar Pradesh and the National Councilor Teacher Education having approved the recommendation of the State (as proposed) the said restriction is part of the approval and no error has been committed by the respondents in not treating those candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed', from outside the State of Uttar Pradesh. LEARNED Standing Counsel submits that the restriction contained in the Government order dated 20th February, 2004 with regard to candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, from outside the State of Uttar Pradesh was challenged in this Court by writ petition No. 2933 of 2004, Hena Afroj v. state of' Uttar Pradesh and others and the writ petition No. 2481 (MIS) of 2004, Avadhesh Kumar Singh and others v. state of Uttar. Pradesh and others and in both the above cases the restrictions were upheld and it was held that the policy of the State as contained in the Government order dated 20th February, 2004 is not ultra virus and violative of Article 14 of the Constitution of India. Reliance on the judgments dated 23. 7. 2004 and 1. 9. 2004 in above two writ petitions have been placed by the learned Standing Counsel. The learned Standing Counsel has also placed reliance on the Division Bench judgment of this Court reported in 2003 (3) UPLBEC 2211, Vijay Kumar Kushwaha and others v. state of Uttar Pradesh and others in which judgment similar restrictions imposed by the Government order dated 9. 1. 1998 were upheld by the Division Bench judgment of this Court with regard to B. P. Ed. , C. P. Ed, and D. P. Ed, candidates who have obtained the degree, certificate or diploma from outside the State of Uttar Pradesh. LEARNED Standing Counsel has also invited my attention to an order of this Court dated 23. 10. 2007 passed in writ petition No. 51505 of 2007, Ram Kawal Yadav v. State of Uttar Pradesh and others, where noticing two "division Bench judgments of this Court/. e. Upendra Rai v. state of Uttar Pradesh and others (supra) and Vijay Kumar Kushwaha and others v. state of Uttar Pradesh and others (supra) this Court entertained the writ petition and also noticed that the aforesaid two Division Bench judgments have already been referred to Full Bench in writ petition No. 2856 of 2004.