Krishna Murari, J. - (1.) HEARD learned Counsel for the Petitioner and learned standing counsel appearing for Respondent Nos. 1 to 3.
(2.) THE candidature of the Petitioner for Special BTC Training for the year 2007 was rejected on the ground that he has obtained his C.P.Ed. degree from outside the State of U.P. The rejection was not challenged by the Petitioner and he kept silent. The issue with regard to the degree obtained from outside the State of U.P. as valid qualification for admission in Special BTC was subject matter of adjudication by the Full Bench of this Court in Jitendra Kumar Soni v. State of U.P. and Ors. Civil Misc. Writ Petition No. 3733 of 2009 and other connected writ petitions. The Full Bench has 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 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. 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 L.T./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. Courses 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. Courses, which shall be commenced within a reasonable period.
(3.) IN pursuance of the aforesaid directions of the Full Bench fresh advertisement has been issued calling upon the candidates for Special BTC Course 2007. The Petitioner has approached this Court claiming that he is also entitled to be considered for the same, as his candidature was also rejected on the ground that he obtained the degree from outside the State of U.P. The Full Bench vide aforesaid judgment dated 13.8.2010 has confined the scope of consideration for Special BTC Course 2007 only in respect to those candidates whose petitions were pending before this Court. Since the present Petitioner has not challenged the rejection of his candidature earlier and no writ petition, filed on his behalf, was pending, he is not entitled for consideration in pursuance to the advertisement issued, as per the direction of Full Bench.;