MUKESH CHATURVEDI Vs. STATE OF UP
LAWS(ALL)-2010-9-39
HIGH COURT OF ALLAHABAD
Decided on September 08,2010

MUKESH CHATURVEDI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Arun Tandon - (1.) HEARD Sri A.K. Yadav, learned counsel for the petitioners (in writ petition Nos. 16156 of2010,1662 of 2010,1665 of 2010,9311 of 2010,14094 of 2010), Sri A.K. Pandey, learned counsel for the petitioners (in writ petition No. 5681 of 2010), Sri Niraj Tiwari, learned counsel for the petitioners (in writ petition No. 19559 of 2010, Sri O.P. Chaurasiya, learned counsel for the petitioner (in writ petition No. 69624 of 2009) and Sri R.N. Singh, learned Senior Advocate, assisted by Sri K.S. Kushwaha, learned Standing Counsel for the State- respondents (in all the writ petitions).
(2.) THIS is fourth round of litigation in respect of admission to Basic Teaching Certificate Course-2001 (hereinafter referred to as the "BTC Course-2001"). All these eight writ petitions have been clubbed together and are being decided under this common judgment. Facts common to all these writ petitions may be stated at the outset. Proceedings for admission to BTC Course-2001 (two years course) to be imparted by the various District Insti. Vinod Kumar Yadav and others v. State of U.P. andothers, 2006 4 ADJ 244 244 244 244 Santosh Kumar Shukla and others v. State of U. P. and others, 2007 8 ADJ 462 contained in the Government Order dated 26th November, 2001 was initiated with the publication ofthe advertisement dated 1st December, 2001. Various categories of reservation was provided under the Government Order. Merit of the applicants for admission was to be determined on three criteria, (a) marks granted as per academic mark-sheets i.e. quality point marks, (b) extra quality point marks for NCC etc., and (c) marks obtained in the written test to be held for the purpose, maximum whereof was prescribed as 100 marks. Results were to be prepared category wise having regard to the reservation applicable. The total of the marks obtained by the applicants under the three aforesaid heads, was to be the determining factor for the placement in the merit list. A wait-list upto 20% of the seats within each category along with the main merit list, was also to be prepared in order of merit. Admission was to be granted only after verification of the testimonials during counselling.
(3.) THE total number of vacancies available for BTC Course-2001 was 5600. THEse seats were distributed amongst various District Institutes of Education and Training situated within the State of Uttar Pradesh. In response to the advertisement, as many as 5,88,128 candidates applied. Private computer firms were engaged for conducting the written examination. Nearly 21,200 applicants were permitted to appear, even when their application-forms were not found available. Written examination was held on 28th April, 2002, and it was only after writ petitions were filed before the Hon'ble High Court that the results were declared on 23rd May, 2003 district-wise. Even before the admission could be granted to selected applicants, serious complaints were received by the State Government in respect of written examinations held, as well as in respect of declaration of the results. One Sri Ravi Pratap Verma, Joint Director of Education was required to hold an enquiry and to submit his report. Matter was also referred for vigilance enquiry. While the aforesaid enquiries were still in progress, the selected applicants were admitted on the basis of declaration of the results and were also permitted to complete their first year training and to appear in the first year examination. They were also permitted to participate in the second year of training of BTC Course-2001.;


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