GIRVAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal, J. The contention of Sri K. C. Shukla, learned counsel for the petitioner is that the Government Order nowhere requires that the eligibility qualification for admission in Special ETC course must be obtained from an institute situated within the State of U. P. , and on the contrary, the advertisement makes all the candidates who have obtained the aforesaid degree from any University or Institution validly established in the Country to be eligible and the respondents are proceeding illegally by confining eligibility to only such candidates, who have obtained the said degree from an institution situated in the State of UP.

(2.) LEARNED Standing Counsel could not dispute that in the Government Order, there is no such restriction but he submits that as per the advertisement, all the candidates must belong to State of U. P. who possess the requisite qualification of B. Ed. , D. P. Ed. , B. P. Ed. , C. P. Ed, L. T. and may apply for admission in Special BTC Course 2007. He, therefore, submitted that the said advertisement shows that the degree must have been obtained from an Institution situated within the State of U. P.

(3.) IN the result, the writ petition is allowed. The respondent are directed not to reject the candidature of the petitioner only on the ground that he has obtained eligibility qualification from an institute outside the State of U. P. provided it is recognized by NCTE and the petitioner fulfils all other conditions prescribed in the aforesaid Government Orders dated 10. 7. 2007 and 6. 8. 2007. No costs. .