RAM SEWAK Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER claims that he has passed his B.P.Ed degree from outside State of U.P. and his candidature cannot be non suited on the ground that he has obtained qualification from out side State of U.P. as in the Government Order, no where imposes such restriction. This court in the case of Girvar singh Versus State of U.P. and others 2008(9) ADJ 595 has taken following view:- "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 BTC 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 U.P. 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 Court-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. In my view, the petitioner's submission deserved to be sustained and I do not find any force in the submission of learned Standing Counsel for more than one reasons. Firstly, the admission in Special BTC Course-2007 is being done by State Council of Education Research and Training, U.P., Lucknow (hereinafter referred to as 'SCERT'), in accordance with the Government Order dated 10.7.2007. As per the instructions obtained from it, the various Principals, District Institute of Education and Training (hereinafter referred to as 'DIET') shall make selection in accordance with the aforesaid Government Order. The Government Order dated 10.7.2007 reads as under : "3-........................... 1.................. fof'k"V ch0Vh0lh0 2007 ds p;u gsrq U;wure 'kSf{kd vgZrk Lukrd ijh{kk mRrh.kZ gksxh rFkk ekU;rk izkIr egkfo+|ky;ksa rFkk jkT; ljdkj@ dsUnz ljdkj }kjk lapkfyr egkfo|ky;ksa@ izf'k{k.k egkfo|ky;ksa ls jk"V h; v?;kid f'k{kk ifj"kn }kjk vuqeU; laLFkkxr ch0,M0 mRrh.kZ vH;FkhZ] tks vU; leLr vgZrk,a iw.kZ djrsa gksa gh vgZ gksaxsA" The subsequent order dated 6.8.2007 has only extended eligibility qualification to D.P.Ed., B.P.Ed, C.P.Ed, and L.T. Degrees, but rest of all the conditions mentioned in the Government Order dated 10.7.2007 remained intact. A perusal of the aforesaid conditions nowhere shows that the eligibility qualification has been confined only to those, who have obtained the same within the State of U.P. only. In the past, the Government Orders specifically provided that the B.Ed. Degree must have been obtained from any University within the State of U.P. and a candidate who has obtained his degree outside the State would not be treated to be eligible. It is true that the validity of such condition came to be considered before this Court in the case of Upendra Rai vs. State of U.P. and others 2000 (2) UPLBEC 1340 wherein a Division Bench of this Court struck down the same but the Apex Court reversed the said decision upholding that such conditions could have been prescribed by the State Government. That is not the position in the present case. In the Government Order dated 10.7.2007, for admission in Special BTC Course 2007, there is no such restriction that the eligibility qualification ought to have been obtained from an institution situated only within the State of U.P. An advertisement which is consequential to the Government Order, is to be read consistent to the conditions contained in the Government Order since the selection to the aforesaid post is in pursuance to the Government Order and if there is any inconsistency between the Government Order and the advertisement, it is the Government Order which will prevail, though, even otherwise I do not find any such inconsistency therein. 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." Following the aforementioned judgement this court in the case of Bhoop Singh Versus State of U.P. and others 2009(3) ADJ 586 has taken following view. Relevant para 6 is being extracted below:- "Learned counsel for the petitioner has pointed out that his case was also covered by Girvar Singh's case and his name was declared prior to the issuance of the 7th list. However, Shri Kushwaha appearing for the respondent contends that in view of the proposal dated 22.6.2006 sent by the State to the N.C.T.E., and which proposal having been accepted, clarifies the position that only those candidates who had obtained the aforesaid degrees within the State are eligible for admission. But, he does not deny that these facts were in existence when the judgment of Girvar Singh was delivered and it has neither been stayed nor set aside by any competent court though a Special Appeal by the State Government is pending decision. Though there is some substance in the argument of Shri Kushwaha that after the judgment of this Court in Upendra Rai's case having been set aside by the apex court and the condition of degree from the State of U.P. being upheld, the petitioners are not eligible, but in the opinion of the Court, as of date, this Court is bound by the decision in Girvar Singh's case. For the reasons above, this petition succeeds and is allowed and the respondents are directed to reconsider the candidature of the petitioners which should not be rejected only on the ground that they had obtained their B.P.Ed./D.P.Ed./C.P.Ed./ L.T. Degrees from outside the State provided the Degrees are recognized by N.C.T.E. and the petitioners fulfil all other conditions prescribed in the Government orders dated 10.7.2007 and 6.8.2007. Let the aforesaid exercise be completed within a period of three months from the date of submission of a certified copy of this order. In the facts and circumstances of the case, no order as to costs. As issue raised in the present case is identical, as such present writ petition is also decided on the same terms and conditions as this court has decided in the case of Bhoop Singh Versus State of U.P. and others 2009(3) ADJ 586. Candidature of the petitioner be re-considered, and it is made clear that re- consideration shall abide by final judgment that would be delivered in Special Appeal, which has been filed against the judgment in the case of Girvar singh Versus State of U.P. and others 2008(9) ADJ 595. With these observations, writ petition is disposed of.