SANDEEP KUMAR SONI Vs. STATE OF U P

JUDGEMENT

(1.) I. M. Quddusi, J. Heard leaned counsel for the petitioner and learned counsel for the respondents Sri N. D. Rai and learned Standing Counsel.

(2.) LEARNED counsel for the petitioner has pointed out that for whatever reasons, the respondents were compelled to take the decision not to treat Buniyadi Prashik-shan Praman Patra Parisha in short (B. P. P. P. P.) training certificate equivalent to B. T. C. Certificate. The fact remains that the decision taken by them is clearly against the law laid down by the Apex Court in AIR 1987 SC2027suresh Poland others v. State of Haryana and others. On the strength of this decision it was urged that the respondents were not justified in virtually derecognising the certificate of C. P. Ed with retrospective effect. The learned counsel is not in a position to repel the quite convincing and valid sub mission made on behalf of the petitioners.

(3.) THE writ petition succeeds and is allowed. THE impugned order dated 11/13-8-1997 issued by the State Government and the advertisement dated 24-12-1998 are hereby quashed to the extend to restrain those person who had obtained B. P. P. P. P. certificate of training prior to 6-8-97. It is further directed that the petitioners as well as other similarly cir cumstances candidates, who have ob tained B. P. P. P. P. certificate of training prior to 6- 8-1997 shall be considered for appointment to the post of Assistant Teachers in Junior/senior Basic Schools. Petition allowed. .