HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 1.Writ Petition MISC. SINGLE No. - 4047 of 2004 Petitioner :- Vivek Kumar Srivastava And Anr Respondent :- State Of U.P. Thru Secretary Education (Basic) & 2 Ors Petitioner Counsel :- N.N Jaiswal Respondent Counsel :- C.S.C ALONGWITH 2. Writ Petition No.5625 (M/S) of 2004 Nisha Rani Versus State of U.P. and others. 3. Writ Petition No.4043 (M/S) of 2004 Mohd.Maqsood Raza Versus State of U.P. & others. AND 4. Writ Petition No.4213 (S/S) of 2006 Smt.PoonamThakur (Formerly Km.Poonam Jacub)Versus State of U.P. & others. ***** Hon'ble Rajiv Sharma,J.
Heard the learned counsel for the parties and perused the record.
Since the aforementioned bunch of writ petitions involves a similar question of law, therefore, with the consent of the learned counsel for the parties, the aforementioned writ petitions are being disposed of together finally by a common judgment and order.
The issue involved in the matter is as to whether the candidates who have possessed the qualification of LT/B.P.Ed./D.P.Ed./C.P.Ed. from the other States are entitled to pursue Special B.T.C. (Training) Course of the Year 2004 in the State of Uttar Pradesh in pursuance of the advertisements dated 22.01.2004 and 22.02.2011 published on behalf of the opposite party no.2 in "Dainik Jagran", a Hindi daily newspaper. The said issue was referred to the Full Bench of this Court at Allahabad in Civil Misc.Writ Petition No. 3733 of 2009 Jitendra Kumar Soni and others Versus State of U.P. and others and other connected writ petitions which were decided on 13.08.2010 in favour of the petitioners. The another Full Bench has also concluded the aforesaid controversy and passed a final order on 20.08.2010 in Special Appeal No. 777 of 2006, Pushpendra Singh and others Versus State of U.P. and others in favour of the petitioners.
The relevant portion of the judgment and order of the Full Bench passed in Civil Misc.Writ Petition No. 3733 of 2009 Jitendra Kumar Soni and others Versus State of U.P. and others is as under :-
"29. We may now answer the reference:
(1) In answer to Question No.(a), it is not open to the State or the State authorities to exclude the students, who have obtained degree/diploma/certificate in LT/B.P.Ed./D.P.Ed./C.P.Ed. From Institutions/Universities established by law situate at place outside the State of Uttar Pradesh and duly recognized by the NCTE, from applying either for the Special B.T.C. Course or B.T.C. Course. Any such exclusion is illegal. Question No, (a) is answered, accordingly.
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(2) Insofar as Question No.(b) is concerned, the classification, if any, is unreasonable and violative of Article 14 of the Constitution of India. At any rate, the only ground given by the State Government for not putting restriction on B.Ed. degree, and putting restriction on LT/B.P.Ed./D.P.Ed./C.P.Ed., is not sustainable in terms of the rules of N.C.T.E., as the admission can only be based on merit.
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(3) Insofar as Question No.(c) is concerned, the judgment in Vijay Kumar Kushwaha (supra) did not answer the issue of admission to Special B.T.C. Course, but dealt with the issue of appointment to the post of Assistant Teacher. Even otherwise, considering the findings on question nos.(a) & (b), we will have to hold that the judgment in Vijay Kumar Kushwaha does not lay down the correct law. "
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The issue involved in this matter was answered by the Full Bench in the above mentioned writ petitions in favour of the petitioners.
Accordingly, the aforementioned writ petitions are allowed in terms of the judgment and order dated 13.08.2010 passed by the Full Bench in Civil Misc.Writ Petition No. 3733 of 2009 Jitendra Kumar Soni and others Versus State of U.P. and others and other connected writ petitions and also the judgment and order dated 20.08.2010 passed by another Full Bench in Special Appeal No. 777 of 2006, Pushpendra Singh and others Versus State of U.P. and others and therefore, all the petitioners of the above-mentioned writ petitions shall also get the consequential benefits of the judgments and orders of the Full Bench as mentioned above. The opposite parties are directed to comply with this order within two weeks from the date a certified copy of this order is produced before them.
Order Date :- 3.3.2011 RK/*