- (1.) Sri K.S. Kushwaha, learned counsel for the appellants has made a statement at the Bar that the appellants/writ petitioners are not petitioners in Writ Petition No. 3553 of 2009 (Pravesh Kumar & others vs. State of U.P. & others) as well as in Writ Petition No. 8685 of 2007 (Vikas Kumar Yadav & others vs. State of U.P. & others) which have been dismissed by this Court vide judgment and order dated 13.10.2009 and the order whereof stands affirmed with the dismissal of the Special Appeal No. 1772 of 2009 connected with Special Appeal No. 1773 of 2009 on 7.12.2009.
(2.) The controversy is regarding recruitment as Assistant Teacher in Basic Schools. The State Government had moved an application before the National Council for Teachers Education ( in short 'NCTE') for conducting Special BTC Training Course, 2007 for 60,000 seats in respect of candidates who possessed B.Ed. degree. Such training was to be imparted for the purpose of appointment as Assistant Teachers in primary institutions run by Basic Shiksha Parishad, U.P., the appointment whereof is regulated by the U.P. Basic Education Teachers Service Rules, 1981. The permission for such training was granted by NCTE to the State Government vide letter dated 27th June, 2007. This led to the publication of the notification dated 10th July, 2007 calling upon the candidates who were already B.Ed for admission to Special B.T.C. Training Course in various schools and Education training so that they may be appointed as Assistant Teachers in Basic institutions run by Basis Shiksha Parishad under the Rules, 1981, which provide amongst other the essential qualification of teachers training for appointment as Assistant Teachers in Parishadiya Vidhyalaya.
(3.) It appears that the petitioners who belong to Other Backward Class Category applied in pursuance thereof. The records disclosed that the result of the selections were declared and thereafter counselling for the purpose of admission to the Special Training Course was undertaken and this counselling continued for 7th round still the petitioner were not selected. The seats within the quota for Other Backward Caste class remain vacant.;