- (1.) ARUN Tandon, J. Heard Sri Ashok Khare, Senior Advocate assisted by Sri D. K. Srivastava, Sri A. K. Yadav, Advocate on behalf of the petitioners, Sri R. P. Tewari and Sri Prakash Padia, Advocates on behalf of Bundelkhand University, Sri Rajeev Joshi, Advocate on behalf of National Council for Teachers Education, Sri C. B. Yadav, learned Chief Standing Counsel on behalf of State respondents.
(2.) SINCE the basic facts, relevant for decision of the dispute and the legal aspects involved are identical in all these writ petitions, they are being decided by this common judgment. The facts recorded in Civil Misc. Writ Petition No. 39963 of 2004 are being stated for the purposes of present judgment treating the same to be the leading case. All the petitioners in this bunch of writ petitions were admitted to B. Ed. Course (One year degree course), which was termed as B. Ed. Special Scheme, offered by the Bundelkhand University, Jhansi in the academic session 1996-97. Petitioners claim to have admitted in various affiliated degree colleges as regular students for the said course. Petitioners appeared in final examinations conducted by the University and they were successful and have been issued necessary degrees of B. Ed. The State of Uttar Pradesh under Government order dated 14th November, 2004 decided to conduct Two Years Special Basic Training Course-2004. The State Government under advertisement dated 22nd January, 2004 invited applications from the candidates, who were holders of a degree of B. Ed, for Special Basic Training Course. This course was named as Special Basic Training Course-2004. As many as 46,189 vacancies were advertised. Petitioners applied in pursuance of the advertisement so published stating therein that they are bona fide holders of a degree of B. Ed, from the Bundelkhand University, Jhansi.
(3.) AFTER scrutiny of the forms as well as the qualification and other norms, a list of selected candidates for admission to Special Basic Training Course-2004 was published on 15th July, 2004. Names of the petitioners were not included in the list so published. Reasons disclosed to the petitioner is that there were, not holders of a degree of B. Ed. recognised as such by the National Council for Teachers Education, therefore, not qualified. Petitioners have approached this Court by means of these writ petitions referred to above in some of these writ petitions an interim order was granted by this Court, wherein it was provided that the candidatures of the petitioners for admission to Special Basic Training Course-2004 shall not be rejected only on the ground that they have obtained degree of B. Ed. from the Bundelkhand University, Jhansi. On record of Civil Misc. Writ Petition No. 583 (Kumari Nivedita Singh & Ors. v. State of U. P. & Ors.) there is an order passed by the Director of State Council for Educational and Research and Training U. P. Lucknow dated 30th October, 2004, wherein it has been recorded that students who had obtained a degree of B. Ed. in pursuance to the final examinations held in the year 1997 by the Bundelkhand University are not qualified as the institutions and the University were not recognised as such by the National Council for Teachers Education, therefore, ineligible for admission to Special Basic Training Course-2004. It has been clarified that the institutions, where the petitioners were admitted as regular students for the B. Ed. Course, have not been recognised by the National Council for Teachers Education, the students cannot be said to be possessed of a recognised degree of B. Ed. for being admitted to Special Basic Training Course-2004.;