- (1.) THIS is an intra Court appeal against the judgment and order dated 29.8.2011, dismissing the writ petition filed by the Petitioner -appellant seeking admission in Special B.T.C. Course -2008.
(2.) HEARD Sri B.S. Pandey, Learned Counsel, appearing for the Appellant and the learned Standing Counsel appearing for the Respondents. The candidature of the Petitioner -appellant for Special B.T.C. training for the year 2008 was rejected on the ground that she had obtained her B. Ed. degree from outside the State of Uttar Pradesh. The rejection was not challenged by the Petitioner -appellant and she kept silent. The issue with regard to the degree obtained from outside the State of Uttar Pradesh as valid qualification for admission in Special B.T.C. was the subject matter of adjudication by a Full Bench of this Court in Jitendra Kumar Soni and Ors. v. State of U.P. and Ors. reported in, 2010 (7) ADJ 403 (FB). The Full Bench observed that 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 the Institutions/Universities established by law situate at a 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 and any such exclusion is illegal. However, in paragraph 31 of the judgment, the Full Bench has observed as under: 31. The Government has issued orders closing these courses except for those, whose applications were rejected on the ground that they did not possess the LT/B.P. Ed./D.P. Ed./C.P. Ed. from institutions in U.P. and the matters are pending before this Court. With respect to the Special B.T.C. Course for the years 2004, 2007 or 2008, if the Petitioners, whose petitions are pending, are eligible, they shall be considered for training for the Special B.T.C. Course, which shall be commenced within a reasonable period. The Full Bench has categorically issued directions in respect of Special B.T.C. Course -2004, 2007 and 2008, that only those candidates, whose petitions are pending, shall be eligible for consideration. Admittedly, the Petitioner -appellant did not challenge the rejection of her candidature by filing any petition and thus, in the light of directions issued by the Full Bench, her candidature is not liable to be considered and the judgment and order of the learned Single Judge dismissing the writ petition of the Petitioner -appellant, in view of the directions of the Full Bench, cannot be faulted with. In view of the above, we do not find any merit in the appeal. It is accordingly, dismissed.;