RAJESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellants, Sri K.S. Kushwaha, learned Standing counsel for the State and Sri R.A. Akhtar, learned counsel for the respondent no.3. N.C.T.E. This is an appeal against an order of learned Single Judge dated 26.08.2008 dismissing the writ petition of the appellants. The appellants had applied for admission to the Special B.T.C. Training Course 2007. It appears that they were selected on the basis of quality point marks obtained by them but after counseling before they could join the training course, a general order dated 25.03.2008 was passed by the Director, State Council for Education Research and Training (S.C.E.R.T.), Lucknow, the effect of which was that in case the B.Ed. Degree of the candidate is not recognized by the N.C.T.E, the candidate would not be eligible. In the Government Order dated 10.07.2007 the qualifications for admission to Special B.T.C. Course have been described as B.Ed. Degree from any Institution/University duly recognized by the N.C.T.E. The appellants challenged the Government Order and have sought Mandamus to the respondents to provide joining of the appellants in the Special B.T.C. Training Course in the writ petition giving rise to this appeal. In this Special Appeal three questions of law were referred to a Full Bench. The said questions have been quoted by the Full Bench in its decision "Bhupendra Nath Tripathi and others Vs. State of U.P. and another" reported in (2009) 1, U.P.L.B.E.C. 1. Paragraph 4 of the order/judgment of the Full Bench is being quoted below:- 1. Whether after the enforcement of 1993 Act the candidates who obtained B.Ed. Degree from an institution or a University during the period when the application of the Institution or University for grant of recognition was pending are eligible for Special B.T.C. Course-2007 as held by Division Bench judgment in Ekta Shukla's case? Whether the candidates who have obtained degree from an institution or University recognized by NCTE are only eligible for Special B.T.C. Course 2007 as held by Division Bench judgment in Sanjai Kumar and Sunita Upadhyay's case?

(2.) WHETHER recognition, as referred to in the proviso to Section 14(1) of the N.C.T.E. Act 1993 can be treated to be deemed recognition under the 1993 Act of an institution or a University for the period application were pending?