SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD counsel for the petitioners, learned Standing Counsel and Sri Rajiv Joshi for N.C.T.E. and with their consent this petition is being finally disposed off. The petitioners seek a mandate for consideration of their candidature for Special B.T.C. Training Course 2007. It is contended that the petitioners had obtained their B.P.Ed. degree from outside the State and had applied for the aforesaid course but their candidature has not been considered though they were called for counselling in pursuance of the 7th list declared by different DIET on the ground that the degree was from outside the State. It is contended by the petitioner that their case is covered by the decision of this court rendered in the case of Bhup Singh and others Vs. State of U.P. and others [Writ petition No. 3189 of 2009] decided on 2.3.2009 by the following order. "On the joint request of the parties, Writ Petition No. 3189 of 2009 shall be the leading case where counter affidavit has been filed and counsel for the petitioner states that no rejoinder affidavit is required. HEARD learned counsel for the petitioner, learned Standing counsel Shri K.S. Kushwaha and Shri Rajiv Joshi for N.C.T.E. This bunch of writ petitions seeks a mandate to the respondents to consider their candidature for admission to Special B.T.C. Training Course 2007. The petitioners in all these petitions hold B.P.Ed./D.P.Ed./C.P.Ed./L.T. degrees from outside the State and all of them were called for counselling on respective dates but their candidature was orally rejected on the ground that their degrees had been obtained from outside the State and, therefore, they were not eligible. They approached the Authorities through their respective representations but to no avail. In the meantime, the State Government issued a Government order dated 11.12.2008 after the 7th list was declared by the respective DIETs notifying that the admission to Special B.T.C. Training Course 2007 has been closed down. However, prior to the issuance of the aforesaid Government order, a learned Single Judge of this Court in the case of Girvar Singh Vs. State of U.P. and others [2008(9)ADJ 595] held that even those candidates who had obtained degrees from outside the State are eligible for admission for the aforesaid course after it considered the different Government orders and the advertisement issued. 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." Learned Standing Counsel and Sri Rajiv Joshi do not dispute that the present facts are covered by the aforesaid decision. Accordingly, this petition succeeds and is allowed. The respondents are directed to reconsider the candidature of the petitioner and would not reject it merely on the ground that they have obtained their B.P.Ed. degree from outside the State provided the degrees are recognised by N.C.T.E. and the petitioner fulfils all other conditions as prescribed in the Government Order dated 10.7.2007 and 6.8.2007. The aforesaid exercise should be completed within a period of six weeks from the date of submission of a certified copy of this order. No order as to cost.