JUDGEMENT
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(1.) Heard Shri Niraj Tiwari, learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1, 2 and 3. Ms. Rashmi Tripathi appears for respondent no.4.
(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned order dated 23.8.2011 passed by respondent no.2 rejecting the petitioner's selection for Special B.T.C. Course 2004 under General Male Science Group. He has further prayed for direction in the nature of mandamus commanding the respondents to admit him and permit for completion of Special B.T.C. 2004 with all consequential benefits within stipulated period.
(3.) It appears from the record that the petitioner obtained B.Sc degree from Delhi University in the year 1993 and B.P. Ed (one year Degree Course) from the Nagpur University in the year 1996 (Session-1995-96). An advertisement dated 22/23.1.2004 was published in daily newspaper "Dainik Jagaran" for selection of Special B.T.C. Course 2004 to the candidates, who have B.Ed/L.T. qualifications. Subsequently, the State Government vide Government Order dated 20.2.2004 had amended the earlier Government Order dated 14.1.2004 and given liberty to the candidates, who have B.P.Ed/D.P.Ed and C.P.Ed qualifications as eligibility for selection of Special B.T.C. Course 2004. Pursuant to the amendment, again an advertisement was issued on 22.2.2004 in conformity with the said amendment. The petitioner having requisite qualifications had applied along with necessary papers. The documents were scrutinized and examined by the respondents. Thereafter the quality point mark/merit was prepared on 20.4.2004 and as such the petitioner had secured 308.61 quality point marks under General Male Science Group whereas the last selected candidate had secured 305.84 quality point marks in the same category. It has also been averred in the writ petition that despite the better quality point marks under the said category, the petitioner was not called for training by the respondents. He had approached this Court by means of Writ Petition No.35518 of 2004 and this Court passed an interim order on 31.8.2004 in favour of the petitioner, which is extracted below:-
"Learned Standing Counsel has accepted notice on behalf of all the respondents. He is granted four weeks time to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit. List in the second week of November, 2004.
Until further orders, it is provided that the petitioner's candidature for the Special B.T.C. 2004 shall not be rejected provided the B.P.Ed Degree Course passed by the petitioner in the year 1996 is approved by the National Council of Teachers Education.";
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