MUKESH CHATURVEDI Vs. STATE OF U.P.
LAWS(ALL)-2010-3-149
HIGH COURT OF ALLAHABAD
Decided on March 29,2010

MUKESH CHATURVEDI Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) Connect with Writ Petition No. 68624 of 2009. The controversy with regard to the admission to Special B.T.C. Course-2001 could not be resolved even after 09 years because the State Government has decided to issue Government Orders after Government Orders for confusing the issues in garb of clarifying the position and by altering its stand from time to time.
(2.) Entrance Test for Special B.T.C. Course-2001 took place in April, 2002. The results were declared on 03rd July, 2003. It is admitted to the State respondents that the results were fabricated and that the admission granted were based on other considerations than merit. Therefore, the State Government ultimately on 20.10.2005 cancelled the entire entrance test. The State Government in the same Government Order came out with an exception clause. The exception clauses i. e. para 4 and 5 of the Government Order provided that irrespective of the fact as to whether the candidate was admitted illegally or by superseding the other meritorious candidates, if he has completed two years of training because of such illegal admission, he shall be permitted to appear in the fresh entrance test to be conducted along with entrance test of B.T.C. Course-2005 and if in such entrance test the illegally admitted candidate comes within the zone of being admitted to B.T.C. Course, then he will not be required to undergo the B.T.C. Training again and such candidate with the permission of the NCTE would be offered appointment in Parishadiya Vidhyalayas.
(3.) Clause (5) recorded that permission to hold Special B.T.C. 2001 entrance examination along with B.T.C. Entrance Examination-2005 be undertaken with the approval of the State Government and a proposal in that regard be submitted to the State Government. What follows from the Government Order dated 20.10.2005 is as follows: (a) There shall be a separate entrance test for Special B.T.C.-2001 candidates along with B.T.C. Entrance Test of 2005 from amongst the students who participated in the earlier entrance test only. (b) Candidates, who have already undergone training of two years under the admission granted after declaration of result in July, 2003, shall not be required to undergo the training of two years again. (c) They would be offered appointment after obtaining permission from the NCTE. (d) A proposal be submitted to the State Government for holding a common entrance test for Special B.T.C. Course-2001 along with B.T.C. Entrance Test of 2005 from amongst candidates who had undertaken the training of two years.;


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