BHUPENDRA NATH TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Shailendra, Sri Shashi Nandan, learned Senior Advocate assisted by Sri Abhishek Srivastava for the appellants and Sri D. K. Arora learned Additional Advocate General assisted by Sri K. S. Kushwaha for the State.

(2.) ALI these appeals have been filed against a common judgment dated 01 st July, 2008 passed in three writ petitions No. 27578 of 2008 (Manjusha Arora v. State of U. P. and others), Writ Petition No. 27579 of 2008 (Bhupendra Nath Tripathi and others v. State of U. P. and others) and-Writ Petitipn No. 27577 of 2008 (Anjana Sirjgh v. State of U. P. and others ). For considering the issues raised in the"appeal it is sufficient to refer to the facts and pleadings of Writ Petition No. 27579 of 2008 (Bhupendra Nath Tripathi and others v. State of U. P. and others ). The writ petition was filed praying for writ of certiorari guashing the advertisement dated 18th July, 2007 and quashing the order dated 25th March, 2008 passed by Director, State Council for Education Research and Training, Nishatganj, Lucknow (hereinafter referred to as 'scert') and further guashing the conseguential or-ders issued by Principals of various DIETs in conseguence to the letter of the Director, SCERT.

(3.) AGGRIEVED by the aforesaid actrons, the writ petitions were filed by the appellants. In the writ petition two principal submissions were pressed, firstly that the appellants-writ petitioners are fully eligible for imparting Special B. T. C. Course in view of the Division Bench judgment of this Court in Ekta Shukla and others v. State of U. P and others, 2006 (1) ESC 531 and secondly, the advertisement dated 18th July, 2008 if read to mean that all the degrees of B. Ed. which were obtained prior to grant of recognition by NCTE under NCTE Act 1993 to the institution are not valid for Special B. T. C. Course-2007, such clause in the advertisement as well as the Government Order. dated 10th July, 2007 is arbitrary si?ce there is no rational basis for excluding those candidates who have obtained degree prior to grant of recognition under the NCTE Act, 1993.