STATE OF U P Vs. VIJAY BAHADUR

JUDGEMENT

(1.) THIS is a bunch of special appeals arising out of Judgment and order dated 2-1-2008 passed by a learned single Judge of this Court in Civil Misc. Writ petition No. 54049 of 2007 reported in 2008 (3) ALJ 89 and several other connected writ petitions. In the said writ petitions filed be-fore the learned Single Judge, the writ-petitioners had challenged the Government Order dated 10-7-2007 relating to grant of admissions for Special Basic Training Course (BTC) 2007. Primarily there were two prayers made in these writ petitions, namely: (i) for quashing clause 3 (1) of the Government Order providing for district -wise selection and preparation of merit list and further for a direction in the nature of Mandamus commanding the respondents to prepare a common State merit list; and (ii) for commanding the respondents to adopt the criteria of selection and preparation of merit list by adding the average of the percentage of marks of practical and theory papers of B. Ed. (or equivalent examination)separately, instead of taking the percentage of both, practical and theory papers together.

(2.) BY the impugned judgment, the writ court has rejected the first prayer made in the writ petitions and upheld the decision of the State Government providing for district-wise selection and preparation of merit list. However, the prayer of the petitioners for directing the respondents to prepare the merit index of the candidates by separately adding percentage of marks of theory and practical of B. Ed. or other equivalent training qualification has been allowed and the respondents have been directed to prepare a fresh merit list in terms of the said judgment in this regard.

(3.) THE judgment has led to two sets of appeals:- (A) The first set of appeals are filed by the State Government and its authorities challenging the latter part of the order whereby fresh merit list has been directed to be prepared after adding the percentage of marks of theory and practical separately. (B) The second set filed by the candidates, challenging that part of the order whereby preparation of State merit list has been refused and the district-wise selection and preparation of merit list has been approved.