- (1.) THIS special appeal, under the Rules of the Court, arises from the judgment/order of the Hon'ble Single Judge dated 10-5-2001 in Civil Misc. Writ Petition No. 10944 of 2000.
(2.) WE have heard Sri Abhinav Upadhayaya, learned Counsel for the appellants and Sri G. C. Yadav learned Counsel for the respondent. It appears that the petitioner-respondent filed the aforesaid writ petition for commanding the respondents-appellants to grant her admission in Special BTC Training Course. The Hon'ble Single Judge having heard learned Counsel for the parties, directed respondent No. 2 to accept the caste certificate of the petitioner-respondent and grant her admission in Special BTC Training Course under OBC Category within one month, in view of the judgment rendered in Sunil Kumar v. Director, Rajya Shikshak Anusandhan Aur Prashikshan Parishad and Ors. , 2000 (4) E. S. C. 2493 (AII ). Admittedly, the petitioner-respondent seeks admission in Special BTC Training Course (old course) pursuant to Government Order dated 9-1-1998. The Hon'ble Apex Court in the case of Rajesh Kumar Gupta and Ors. v. State of U. P. and Ors. , 2005 (2) LBESR 763 (SC) : (2005 (5) SCC 172) in paras 19 and 20 have held that the Special B. T. C. Course, in the absence of recognition by the National Council for Teacher Education under the National Council for Teachers Education Act, 1993, (in short, Act of 1993), is not a recognised teacher's training course. Their Lordships' further held that the Special BTC Training Course formulated by the State Government was contrary to the provisions of the Act of 1993 and the Rules framed thereunder.
(3.) IN the circumstances, once the Special B. T. C. Training Course is not approved by the National Council for Teachers Education, it has been held to be invalid qualification for appointment to the post of Assistant Teacher in the primary school, the petitioner respondent now cannot be allowed to undergo any such Special B. T. C. Training Course, since mandamus cannot be issued to the authorities to grant admission to a person in the training course which is not valid in law. IN these circumstances, the special appeal deserves to be dismissed on this ground alone as the mandamus issued by the Hon'ble Single Judge in favour of the petitoner-respondent cannot be carried out. However, the learned Standing Counsel further submits that even on merit the writ petition was liable to be dismissed but the Hon'ble Single Judge has not considered certain relevant aspects and, therefore, has erred in law in allowing the writ petition and commanding the respondents appellants to grant admission to the petitioner-respondent in Special B. T. C. Training Course. The petitioner-respondent applied in pursuance to the advertisement dated 8-3-1988 for training of Special B. T. C. Course. The advertisement (Annexure-3 to the affidavit filed in support of the stay application), requires a candidate to enclose caste certificate issued by the competent authority if he claims benefit of reservation applicable to Scheduled Caste, Scheduled Tribe and OBC etc. The quality point marks secured by the petitioner-respondent were 49. 89, although the last general selected candidate has secured 52. 99 quality point marks and, therefore, the petitioner-respondent was not selected for admission to the aforesaid course. The petitioner approached this Court in Writ Petition No. 33118 of 1999 stating that she belongs to OBC category and has secured 49. 89 quality point marks, whereas the last OBC selected candidate has secured 47. 20 quality point marks and yet she has not been sent for training. The aforesaid writ petition was disposed of by this Court vide judgment dated 6-8-1999 directing the Director, State Council of Education, Research and Training, Lucknow to consider the representation dated 15-5-1999 already submitted by the petitioner raising the aforesaid grievance and decide by a speaking order and in case the decision is in favour of the petitioner respondent, to send her for appropriate training. Consequently, the Director, vide order dated 23-8-1999, has considered the grievance of the petitioner-respondent and held that she had not enclosed the caste certificate issued by the competent authority alongwith her application form and, therefore, her case cannot be considered under the OBC category. The aforesaid order was challenged by the petitioner-respondent in Writ Petition No. 10944 of 2000 which has been allowed by the Hon'ble Single Judge vide judgment under appeal.;