SEEMA YADAV Vs. STATE OF U.P.& ORS.
LAWS(ALL)-2007-10-155
HIGH COURT OF ALLAHABAD
Decided on October 10,2007

SEEMA YADAV Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

VINEET SARAN, J. - (1.) THIS bunch of writ petitions have been filed with a common grievance that the applications of the petitioners for Special B.T.C. Course 2007 be permitted to be filed even now, which is after the last date mentioned in the advertisement, and be accepted by the District Institute of Education and Training (hereinafter referred to as the DIET) of the various districts of the State of U.P.
(2.) HEARD learned Counsel for the petitioners as well as Sri K.K. Chand and Sri Rakesh Kumar Srivastava, learned Standing Counsel for the respondents and have perused the record. On earlier dates, time was granted to the learned Standing Counsel for obtaining instructions and it has been stated that the instructions have been received. With consent of the learned Counsel for the parties these writ petitions are being disposed of at this stage. An advertisement was issued by the respondent authorities on 17/18-7-2007, which was in pursuance of a Government Order dated 10-7-2007. There being requirement of 60,000 teachers for primary schools in the State of U.P., by the said Government Order it was decided that Special B.T.C. Training be imparted to 60,000 such candidates who possess B.Ed. degrees. The said Government Order was further clarified by a subsequent order dated 13-7-2007 whereby it was provided that candidates could apply, not only from their home district but from other districts also. In the advertisement issued, the last date for filing such applications before the respective DIETs was 8-8-2007. It was also provided that applications were required to be sent by registered post or speed post. Since there were large number of candidates who had applied by registered post or speed post prior to the last date i.e. 8-8-2007 and the said applications, having not been received by the respective DIETs before the last date and thus had been returned back, hence such applicants had filed several writ petitions which were decided by Judgment and Order dated 23- 8-2007 passed in the leading writ petition No. 38711 of 2007, Sarvesh Kumar Rai v. State of U.P. and Ors. By the said Judgment this Court had directed that opportunity be made available to the petitioners and other similarly situated applicants to file their applications till 7-9-2007. After the passing of such order, several writ petitions were also filed for further enlarging the time for accepting the applications. While disposing of such writ petitions, on certain grounds which were specified in the various orders passed by this Court, time was further enlarged in the individual cases after considering the facts of that particular case. However, in certain writ petitions, after considering that finality has to be given to the selection process and that the directions for accepting the forms could not be continued to be given for indefinite period, this Court had stopped entertaining such writ petitions and had thus dismissed a large number of such petitions on the ground of delay.
(3.) BESIDES this, there was another question raised before this Court which as with regard to the respondents not accepting the applications of the candidates who had obtained B.Ed. degrees by distant mode. By Judgment and Order dated 24-8-2007 passed in writ petition No. 33987 of 2007, Renu Sharma v. State of U.P. and Ors., (which was connected with several other writ petitions) such writ petitions were dismissed after holding that rejection of the applications by the respondent was justified. Challenging the Judgment and Order dated 24-8-2007, petitioners of such writ petitions filed Special Appeal No. 1271 of 2007 (and another connected Special Appeal) which have been allowed by Judgment and Order dated 3-10-2007 passed by the Division Bench of this Court. While allowing the Special Appeals, the Division Bench passed the following order : “(28) In these circumstances, the judgment rendered by the learned Single Judge has to be interfered with and it is, therefore, set aside. The appeals and the petitions will stand allowed. The Government Order dated 10-7-2007 will have to be read as including those students who have done their B.Ed. course by the distant education method under these two Universities. Both the appeals are allowed, accordingly. (29) We are told that last date for forwarding the applications was 7-9-2007. Inasmuch as this date has expired during the pendency of these appeals, we direct the State Government to extend the date for receiving the applications for the students of these two Universities. The State will extent it until 31st October, 2007. The State Government will issue the necessary advertisements in leading Newspapers having wide circulation in all Divisional Head Offices.” (Emphasis supplied) ;


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