H.L. Gokhale, C.J. - (1.) THE appellants in all these five appeals seek admission to the Special B.T.C. Course-2007. THEy are all students, who have obtained their B.Ed. degrees by the Distant Education Mode, and it is contended by them that in view of a judgement rendered by a Division Bench of this Court, to which one of us (Justice H.L. Gokhale, C.J.) was a party, in Special Appeal No.1271 of 2007 and others, on 03.10.2007, they are also entitled to the admission to the Special B.T.C. Course-2007.
(2.) THOSE appeals arose from a judgment rendered by a learned Single Judge in a group of matters, bearing Writ Petition No. 33987 of 2007, Renu Sharma vs. State of U.P. and others along with other connected petitions on 24.8.2007. The controversy in those matters was with respect to the advertisement given by the State Government for the Special B.T.C. Course 2007. The Government Order dated 10.7.2007 issued prior thereto had provided in Clause-II thereof with respect to the qualification as follows:- "Only those students will be eligible for selection to Special B.T.C. Course- 2007, who have the minimum educational qualification of graduation and they should also have the B.Ed. degree from the recognized colleges/post graduate colleges/training colleges run by the State Government/Central Government which are recognized by the National Council for Teachers Education. The candidates must be 'recognized institutional B.Ed. students'. (the words used in Hindi are "Anumanya Sansthagat B.Ed. Uttirna Abhyarthi")". The controversy in those matters was with respect to the interpretation of the term Sansthagat Abhyarthi. The learned Single Judge had taken the view that it meant only those students who had taken B.Ed. degree by face-to- face mode of education and that those who had done it by distant education mode were excluded. The Division Bench has taken the view that the term 'Sansthagat Abhyarthi' will mean institutional candidate and the term institutional candidate does not indicate any specific mode of education. The Division Bench also referred to a letter of N.C.T.E. dated 9th August 2007, addressed to the Principal Secretary (Basic Education) State of Uttrar Pradesh. The relevant part of it reads as follows:- "You may kindly recall that while giving approval to Government of Uttar Pradesh for conduct of Special B.T.C. we have allowed all B.Eds. to be eligible for the above course as requested by Government of U.P. No difference was made regarding B.Ed. (face-to-face) and B.Ed. (distance mode). As such the degree awarded by IGNOU, a Central University and Institution/University recognized by the N.C.T.E. cannot be treated as inferior to other B.Eds." The N.C.T.E. had clearly stated in that letter that it was not making any difference between face-to-face and distant mode and that the degrees awarded by Indira Gandhi National Open University (a Central University) constituted under the Act of 1985, cannot be treated as inferior to other B.Eds. Similar letter was written concerning U.P. Rajarshi Tandon Open University.
(3.) THAT apart, the Division Bench noted that this was a scheme to enhance the teaching facility for primary education under Sarva Shiksha Abhiyan. The Special B.T.C. Course was a crash course of six months to impart necessary education to the B.Ed. graduates so that they can qualify to teach the primary students (for which they are not otherwise qualified). Some 60,000 teachers were needed. Many others who had done training course even in Physical Education were also permitted to participate and, therefore, there was no justification to exclude the students who had done their B.Ed from these two Universities. Most of the appeals were from the students of these two Universities and particularly in view of the aforesaid letter of N.C.T.E. dated 9th August 2007, which was addressed well in time to the authorities of the State Government, the Division Bench held that the students of these two Universities will be eligible for admission to the Special B.T.C. Course 2007. Inasmuch as the last date for admission was getting expired, the date was extended till 31.10.2007.;