ARUN TANDON, J. - (1.) THIS bunch of writ petitions has been filed for a writ of mandamus commanding the Director, State Council for Educational Research and Training, U.P. Nishatganj, Lucknow as well as Principal of District Institute of Education and Training of various districts of State of Uttar Pradesh to not to reject the application made by the petitioners for admission to Special BTC Training Course, 2007 only on the ground that they had obtained a Degree of B.Ed. from an institution/University situate in the State of Jammu & Kashmir.
(2.) FACTS giving rise to the present writ petition in short are as follows: On 14.11.2008 the State Government after obtaining permission from National Council for Teachers Education (NCTE) decided to admit students to Special BTC Training Course of the year 2007. Accordingly an advertisement has been published. Besides other one of the essential conditions provided for being considered for admission to aforesaid Special BTC Course is that the candidate must have a Degree of B.Ed. From a Degree College established by the State Government/Central Government/a recognized affiliated Degree College, duly approved by the NCTE for the B.Ed. Course. Since the issue raised in the present writ petitions is confined to the aforesaid condition only, all other conditions mentioned in the Government Order are not being referred to. The petitioners before this Court claim that they have obtained a Degree of B.Ed. from an educational institute/University situate in the State of Jammu & Kashmir. According to the petitioners as per Section 1 (2) of the NCTE Act, 1993, the area of operation of the aforesaid Act is the entire country of India except the State of Jammu & Kashmir. It is contended that the eligibility clause under the Government Order which requires a candidate to be possessed of a Degree of B.Ed. from institute/University duly approved by NCTE (for grant of such Degree/Certificate) cannot be applied qua the candidates like the petitioners who have obtained the B.Ed. Degree from an institution within the State of Jammu & Kashmir. Therefore, it is prayed that the applications made by the petitioner be directed to be entertained by the State respondents as petitioners have a Degree of B.Ed. from a University duly established.
(3.) ON behalf of the writ petitioners a large number of interim orders which have been granted in similar matters have been referred to.;