- (1.) Heard Shri Adarsh Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents. By means of present writ petition, the petitioner has prayed for quashing the order dated 28.5.2012 passed by respondent no.2 and further prayed for direction to the respondents to allow the petitioner to join Special B.T.C. Training Programme, 2004 forthwith.
(2.) The present writ petition has been dismissed vide order dated 26.11.2014, which was assailed by means of Special Appeal Defective No.67 of 2015 (Neeraj Devi v. State of U.P. & Ors.). The Division Bench of this Court vide order dated 4.2.2015 had allowed the special appeal with following observations:- "The learned Single Judge has dismissed the writ petition with the following observations:- "Petitioner has cleared his B.P.Ed. in the year 1999 and for this reason the respondents are not giving her benefit of B.P.Ed. Therefore she is not being given benefit of her training certificate as the course is only recognized from 2000 onwards. The decision taken does not contain any error. The writ petition is dismissed." The only ground which has weighed with the learned Single Judge is that the B.P.Ed. which the appellant has passed in 1999 was only recognized from 2000. Learned counsel appearing on behalf of the appellant has stated that this finding in the impugned order is incorrect. In that regard, reliance is placed on a communication dated 3 August 1999 of the National Council for Teacher Education (Annexure CA-4), which indicates that the B.P.Ed. Course, in question, was recognized with effect from academic session 1999-2000. We are of the view that the submission would merit fresh consideration by the learned Single Judge. Hence, keeping open all the rights and contentions of the parties, we allow the special appeal and set aside the impugned judgment and order dated 26 November 2014. Writ - A 41011 of 2012 is restored to the file of the learned Single Judge for disposal afresh. The special appeal is, accordingly, disposed of. There shall be no order as to costs."
(3.) As such the present matter has again come up for fresh consideration. It appears from the record that the petitioner had completed B.P.Ed. course" on 9.4.2000 from" the institution namely Rani Laxmibai Sawargaon, which is affiliated to Nagpur University and is recognized under Section 2 (f) of UGC Act as well as affiliated to NCTE. The degree was given to the petitioner on 9.6.2001. The petitioner fulfilling all the requisite qualifications and conditions in the notification dated 22.2.2004 applied under OBC reserved female candidate in Arts for Special BTC Training Programme, 2004. Since there was palpable illegality in the approach of the respondents in not considering the case of the petitioner, she filed Writ Petition No.23824 of 2004, which was finally decided on 14.3.2012 with following observations:- "The petitioners have sought a writ of mandamus not to reject his candidature in the Special B.T.C. Course, 2004 on the ground that he has passed Bachelor of Physical Education from the recognized institutions and thereafter applied for the B.T.C. Training Programme, 2004. This issue has been decided by the larger Bench of this Court, which has permitted the candidates such as the petitioners to appear in the Special B.T.C. Course for the year 2004. Thus, this petition is allowed in view of the judgment passed by the larger Bench of this Court in Writ Petition No. 3733 of 2009 (J.K.Soni & others Vs. State of U.P. & others). This writ petition is allowed as above." After obtaining the order dated 14.3.2012 the petitioner applied to the respondent no.2 for allowing her to join Special BTC Training Programme, 2004 but for one reason or the other her genuine case is not being considered by the respondents.;