- (1.) Heard the learned counsel for the appellants Sri Ramesh Pandey and Sri Alok Sinha, learned Additional Chief Standing Counsel for the State. Sri Sharad Tiwari appears for Indira Gandhi National Open University.
(2.) This is a bunch of special appeals containing similar facts and questions of law, therefore, the same are being decided by a common order. The questions involved are as under: "Whether the restriction imposed in the impugned advertisement excluding the candidates, who have not obtained B.Ed/ L.T./ B.P.Ed./ C.P.Ed./ D.P. Ed. degrees as regular candidate for selection to the Special B.T.C. Course, 2004 is legal and valid and whether the correspondence course/modular course/distant learning course and any other course other than the regular course is an institutional course and are equivalent to regular course of B.Ed. for selection to the Special B.T.C. Course, 2004.
(3.) Petitions were filed for issuing a writ in the nature of mandamus commanding the opposite parties to consider the appellants' candidature for Special B.T.C. Course, 2004 and to issue a mandamus commanding the respondents to sent the appellants for Special B.T.C. Course, 2004 and to consider their appointment on the post of Assistant Teacher. The appellants had also prayed for quashing the condition prescribed in the advertisement, as regards the requirement of B.Ed./L.T. degree as regular student excluding the correspondence course for the purpose of Special B.T.C. Course, 2004. It was pleaded that the Government issued two orders on 14.1.2004 and 20.2.2004, and on the basis of these two Government Orders, Rajya Saikshik Anusandhan Evam Prashikshan Parishad, issued advertisements for selection to the Special B.T.C. Training Course, 2004. In these advertisements, it was prescribed that the candidates aspiring for Special B.T.C. Training Course should have B.Ed/L.T. degrees from the University as regular students.;