- (1.) Heard learned counsel for the parties.
(2.) Petitioner has obtained degree of Bachelor of Physical Education (B.P.Ed.) from Maharashtra. Pursuant to the advertisement dated 17.7.2007, petitioner applied for special B.T.C. Training 2007. Petitioner was issued letter for counselling. However, when list of candidates selected for admission to special B.T.C. Training 2007 was published in April 2008 petitioner's name was not there. According to the petitioner's case, he approached Principal of District Institute of Education and training (D.I.E.T.) Azamgarh on 30.4.1998 whereupon she was told that she had obtained B.P.Ed. decree from outside U.P. (Maharashtra) which was also not recognised by National Council for teachers Education (N.C.T.E.) hence she was not entitled for admission.
(3.) The prayer made through this writ petition is that respondents 1 to 3 may be directed to consider the candidature of petitioner for special B.T.C. Course 2007. In this regard learned counsel for petitioner has cited the judgment dated 7.10.2010 given in Civil Misc. Writ petition no.56212 of 2008 Km. Shilpi Yadav Vs. State of U.P. wherein it was held that those candidates who obtained B.P.Ed degrees from outside state of U.P. (Jiwaji University Gwaliar in that case) were also entitled to be admitted in B.T.C. In the said case reliance was placed upon Girwar Singh Vs. State of U.P. writ petition no.43815 of 2008 decided on 29.8.2008. It is also mentioned in the said judgment that for the next year i.e. special B.T.C. Course 2008 specific condition had been imposed by the Government to the effect that those who obtained B.Ed. and other degrees from institutes outside the State of U.P. would not be entitled for admission, however. Full Bench authority reported in Jitendra Kumar Soni and others Vs. State of U.P., 2010 7 ADJ 403 declared such condition to be bad in law. In para 10 of the counter affidavit filed in the instant case by State of U.P. on behalf of respondents 1 to 3 it has been stated that in the advertisement it had clearly been mentioned that only those candidates who obtained B.P.Ed., C.P.Ed. and L.T. degrees/certificates from the State (U.P.) would be eligible for admission. Ms. Rashmi Tripathi, learned counsel for respondent no.4, National Council for Teacher Education has also invited attention to the counter affidavit filed by respondent no.4 wherein it has been stated that petitioner has not passed the B.P.Ed. Course from an Institute recognised by N.C.T.E. Same thing is mentioned in para 8 of the counter affidavit. Learned counsel for the petitioner has also placed reliance upon Division Bench authority dated 16.5.2012 delivered in Special appeal (D) no.431 of 2012 Chandra Prakash Singh Vs. State of U.P. pertaining to Special B.T.C. Course 2004. In the said authority also reliance has been placed upon the aforesaid full bench authority.;