- (1.) ASHOK Bhushan, J. Heard learned Counsel for the petitioners and Sri K. S. Kushwaha learned Standing Counsel appearing for the respondents. All these writ petitions raise common questions and have been heard together. Counter and rejoinder affidavits have been exchanged in writ petition No. 50254 of 2007 and it is sufficient to refer to the pleadings in writ petition No. 50254 of 2007 for adjudicating the controversy.
(2.) ALL these writ petitions challenge the notification/select list issued by the Principals of the District Institute of Education and Training in so far they treated ineligible the candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, from outside the State of Uttar Pradesh. Mandamus has also beeyi sought commanding the respondents to consider those candidates as eligible for Special B. T. C. Training Course- 2007 who have obtained their Bachelor Degree/certificate/diploma in Physical Training from the Institutions situate outside the State of Uttar Pradesh. In writ petition No. 50910 of 2007 notification dated 1. 9. 2007 issued on behalf of the Principals of District Institute of Education and Training inviting applications for Special B. T. C. Training Course-2007 from all those candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, from the institutions within the State of Uttar Pradesh has been challenged. The facts of the case briefly noted are : The State of Uttar Pradesh issued a Government order dated 14. 1. 2004 for Special B. T. C. Training Course from the candidates who have passed B. Ed, and L. T. The said Government order was amended by the Government order dated 20. 2. 2004 by which those candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, from the recognised institution and the University or passed Post Graduate College/training Institute within the State of Uttar Pradesh were also made eligible to apply for the Special B. T. C. Training Course-2004. The State Government again submitted proposal on 26th June, 2006 praying permission for running Special B. T. C. Training Course, 2006. The proposal contained the stipulation that those candidates who have psssed B. P. Ed. , C. P. Ed, and D. P. Ed, from the recognised institution and Training College within the State of Uttar Pradesh be also permitted to apply for Special B. T. C. Training Course. The National Council for Teacher Education by letter dated 27. 6. 2007 granted approval for running Special B. T. C, Programme as proposed by the State. By the Government order dated 10th July, 2007 it was decided to select the candidate for imparting Special B. T. C. Training Course 2007. The Government order provided that only those candidates who have passed B. Ed, be permitted to apply for Special B. T. C. Training Course-2007. Bunch of writ petitions being writ petition No. 33428 of 2007 Arvind Kumar and others v. State of Uttar Pradesh and others with other writ petitions were filed challenging the Government order dated 10th July, 2007 in so far as it excluded the candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, from outside the State of Uttar Pradesh. This Court passed an interim order dated 31. 7. 2007 in those writ petitions directing the respondents to permit those candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, and L. T. to apply for Special B. T. C. Training Course 2007. The State Government issued a Government order on 6th August, 2007 by which direction was issued to issue corrigendum permitted the candidates who have passed B. P. Ed. , C. P. Ed. D. P. Ed, and L. T. to apply for Special B. T. C. Training Course-2007. The Government order was issued in pursuance of the interim order passed by this Court on 31. 7. 2007. A notification purported to be pp behalf of all the Principals of the District Institute of Education and Training was issued which was published in the news-papers on 1. 9. 2007 which provided that the candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, from the State of Uttar Pradesh may apply forspecial B. T. C. Training Course by 7th of September, 2007. All the petitioners have applied for Special B. T. C. Training Course-2007; The petitioners in these writ petitions have passed their B. P. Ed. , C. P. Ed, and D. P. Ed, from the Universities/institutions from outside the State of Uttar Pradesh. Lists were issued by different Principals of the District Institute of Education and Training by which candidates who have obtained B. P. Ed. , C. P. Ed. and D. P. Ed, from the Universities situate outside the State of Uttar Pradesh have been treated to be ineligible for the Special B. T. C. Training Course-2007. In above back ground these writ petitions have been filed praying for direction to treat the petitioners who have passed the B. P. Ed. , C. P. Ed, and D. P. Ed, from the University/institutions situate outside for. State of Uttar Pradesh be treated as eligible to apply in Special B. T. C. Training Course-2007. Learned Counsel forth?. "petitioners challenging the action of the respondents contended that there was no restriction in the Government order dated 10. 7. 2007 as well as in the interim order dated 31. 7. 2007 passed by this Court in writ petition No. 33428 of 2007, Arvind Kumar and others v. State of Uttar Pradesh and others and the Government order dated 6th August, 2008 hence the respondents committed error in not treating the petitioners not eligible for Special B. T. C. Training Course-2007. Learned Counsel submitted that the Principal of different District Institute of Education and Training have no jurisdiction to issue a notification dated 1. 9. 2007 inviting applications from only those candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, within the State of Uttar Pradesh. Learned Counsel further submitted that the National Council for Teacher Education has also not put any restraint on the candidates who have obtained B. P. Ed. , C. P. Ed, and D. P. Ed, from outside the State of Uttar Pradesh hence there was no justification. Learned Counsel further contends that Northern Regional Committee of National Council for Teacher Education issued the letter dated 20. 9. 2007 by which it accepted the proposal of the State Government to permit the candidates passed B. P. Ed. , C. P. Ed, and D. P. Ed. For Special B. T. C. Training Course-2007 which did not contain any restriction with regard to candidates who have passed B. P. Ed. , C. P. Ed. , and D. P. Ed, from outside the State of Uttar Pradesh, learned Counsel submits that the State is not competent to put any such restriction and putting any such restriction is contrary to the provisions of National Council for Teacher Education Act, 1993 and is also violative of Articles 14 and 16 of the Constitution of India. Learned Counsel for the petitioners has also placed reliance on the Division Bench judgment of this Court reported in 2000 (2) A. W. C. 865, Upendra Rai v. state of Uttar Pradesh and others. Learned Counsel submits that the State Government has not put any negative covenant either in the Government order dated 10th July, 2007 or in the Government order dated 6th August, 2007 hence it was not open for the Principals of District Institute of Education and Training not to entertain the applications of the candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, outside the State of Uttar Pradesh. The State is only recommendatory body and cannot put a condition for eligibility which jurisdiction vest only in the National Council for Teacher Education. The National Council for Teacher Education did not choose to put any such restriction. Learned Counsel for the petitioners has also placed reliance on the apex Court judgment reported in 2007 (11) Scale 418, Dhampur Sugar Mills Ltd. v. state of Uttar Pradesh and others.
(3.) LEARNED Standing Counsel appearing for the respondents submitted that in the Government order dated 20th February, 2004 also only those candidates who have passed the B. P. Ed. , C. P. Ed, and D. P. Ed, were permitted to apply who have obtained the said certificate from the Institute, Training Institute and the University within the State of Uttar Pradesh and the State Government in its proposal dated 26th June, 2006 with regard to B. P. Ed. , C. P. Ed. and D. P. Ed, recommended to be eligible for Special B. T. C. Training Course-2007 only those candidates who have passed the said certificate, diploma and the Degree from the Institution, Training Institute and the University within the State of Uttar Pradesh and the National Councilor Teacher Education having approved the recommendation of the State (as proposed) the said restriction is part of the approval and no error has been committed by the respondents in not treating those candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed', from outside the State of Uttar Pradesh. LEARNED Standing Counsel submits that the restriction contained in the Government order dated 20th February, 2004 with regard to candidates who have passed B. P. Ed. , C. P. Ed, and D. P. Ed, from outside the State of Uttar Pradesh was challenged in this Court by writ petition No. 2933 of 2004, Hena Afroj v. state of' Uttar Pradesh and others and the writ petition No. 2481 (MIS) of 2004, Avadhesh Kumar Singh and others v. state of Uttar. Pradesh and others and in both the above cases the restrictions were upheld and it was held that the policy of the State as contained in the Government order dated 20th February, 2004 is not ultra virus and violative of Article 14 of the Constitution of India. Reliance on the judgments dated 23. 7. 2004 and 1. 9. 2004 in above two writ petitions have been placed by the learned Standing Counsel. The learned Standing Counsel has also placed reliance on the Division Bench judgment of this Court reported in 2003 (3) UPLBEC 2211, Vijay Kumar Kushwaha and others v. state of Uttar Pradesh and others in which judgment similar restrictions imposed by the Government order dated 9. 1. 1998 were upheld by the Division Bench judgment of this Court with regard to B. P. Ed. , C. P. Ed, and D. P. Ed, candidates who have obtained the degree, certificate or diploma from outside the State of Uttar Pradesh. LEARNED Standing Counsel has also invited my attention to an order of this Court dated 23. 10. 2007 passed in writ petition No. 51505 of 2007, Ram Kawal Yadav v. State of Uttar Pradesh and others, where noticing two "division Bench judgments of this Court/. e. Upendra Rai v. state of Uttar Pradesh and others (supra) and Vijay Kumar Kushwaha and others v. state of Uttar Pradesh and others (supra) this Court entertained the writ petition and also noticed that the aforesaid two Division Bench judgments have already been referred to Full Bench in writ petition No. 2856 of 2004. I have considered the submissions raised by the learned Counsel for the parties and perused the record.;