Sanjay Misra, J. - (1.) SUPPLEMENTARY affidavit filed today be taken on record.
(2.) HEARD counsel for the petitioner and learned Standing Counsel who has put in appearance on behalf of respondents. Learned counsel for the petitioner states that the petitioner has obtained his B.P.Ed. Degree from Amrawati University, in the session 1997 and that Amrawati University and the institution from which the petitioner had obtained the degree was duly recognised by NCTE from the year 1996 onwards and as such he was entitled to be considered for Special B.T.C. Training Course, 2007. According to the petitioner he had received call letter for counselling and appeared before the concerned DIET on 12.8.2008 but they have refused to accept the documents of the petitioner on the ground that he has obtained the B.P.Ed. Degree from the Institution, which is from outside the State of U.P. According to learned counsel for the petitioner he was entitled to be considered and could not be rejected only on the ground that he had obtained the B.P.Ed, degree from a recognised Institution by the NOTE but from outside of the State of U.P. According to learned counsel for the petitioner the matter has further been referred to a Larger Bench which is still pending and therefore, he may be given the benefit of the decision of the Division Bench passed in Special Appeal No. 1281 of 2008, Harkesh Singh and others v. State of U.P. and others.
(3.) LEARNED Standing Counsel states that the petitioners should produce the B.P.Ed. Degree before the concerned DIETs alongwith the recognition certificate of the Institution from where they have obtained the degree which can be ascertained by the concerned DIETs before granting admission to the petitioners in the Special B.T.C. Training Course, 2007. In view of the aforesaid circumstances the benefit of consideration in view of the decision dated 18.9.2008 passed in Special Appeal No. 1281 of 2008, Harkesh Singh and others v. State of U.P. and others, shall also be extended to the petitioner. The writ petition stands finally disposed of. No order is passed as to costs.;