Rakesh Sharma, J. - (1.) HEARD learned counsel for the appellants, Sri K.S. Kushwaha, learned Standing counsel for the State and Sri R.A. Akhtar, learned counsel for the respondent no.3. N.C.T.E. This is an appeal against an order of learned Single Judge dated 26.08.2008 dismissing the writ petition of the appellants. The appellants had applied for admission to the Special B.T.C. Training Course 2007. It appears that they were selected on the basis of quality point marks obtained by them but after counseling before they could join the training course, a general order dated 25.03.2008 was passed by the Director, State Council for Education Research and Training (S.C.E.R.T.), Lucknow, the effect of which was that in case the B.Ed. Degree of the candidate is not recognized by the N.C.T.E, the candidate would not be eligible. In the Government Order dated 10.07.2007 the qualifications for admission to Special B.T.C. Course have been described as B.Ed. Degree from any Institution/University duly recognized by the N.C.T.E. The appellants challenged the Government Order and have sought Mandamus to the respondents to provide joining of the appellants in the Special B.T.C. Training Course in the writ petition giving rise to this appeal. In this Special Appeal three questions of law were referred to a Full Bench. The said questions have been quoted by the Full Bench in its decision "Bhupendra Nath Tripathi and others Vs. State of U.P. and another" reported in (2009) 1, U.P.L.B.E.C. 1. Paragraph 4 of the order/judgment of the Full Bench is being quoted below:- 1. Whether after the enforcement of 1993 Act the candidates who obtained B.Ed. Degree from an institution or a University during the period when the application of the Institution or University for grant of recognition was pending are eligible for Special B.T.C. Course-2007 as held by Division Bench judgment in Ekta Shukla's case? Whether the candidates who have obtained degree from an institution or University recognized by NCTE are only eligible for Special B.T.C. Course 2007 as held by Division Bench judgment in Sanjai Kumar and Sunita Upadhyay's case?
(2.) WHETHER recognition, as referred to in the proviso to Section 14(1) of the N.C.T.E. Act 1993 can be treated to be deemed recognition under the 1993 Act of an institution or a University for the period application were pending? Whether the exclusion of those candidates from field of eligibility for Special B.T.C. Course-2007 who have obtained B.Ed. Degree prior to enforcement of 1993 Act or after the enforcement of 1993 Act during the period when the application of the Institution or the University was pending consideration, is arbitrary and unreasonable violative of Articles 14 and 16 of the Constitution of India? Counsel for the parties are on common ground that the case of the appellants is covered in their favour by answer to question no. 2 given by the Full Bench in Bhupendra Nath Tripathi (supra). The Full Bench has answered the question no. 2 relevant to the case of the appellants as follows:- "The proviso to Section 14 (1) recognizes continuance of the course, which was being run immediately before the appointed day provided application is submitted within the continuance of such course is deemed recognition of such course and degree awarded therein by express provisions of proviso to section 14 (1) of National Council for Teacher Education Act, 1993." It is stated that B.P. Ed. degree of the appellants were obtained from Faculty of Education, Agra University in the year 1998-99. Sri R.A. Akhtar, counsel for the N.C.T.E. and learned Standing counsel stated that B.P. Ed. Degree is recognized degree for the purpose of admission in Special B.T.C. Training Course. Sri Akhtar also conceded that the cut of date for obtaining recognition was extended by N.C.T.E. as mentioned in para 9 of the Decision in Ekta Shukla and others Vs. State of U.P. and others reported in 2006 (1) ESC 531 (DB) case up to 31 March, 2009 and the B.P. Ed. Degree obtained by the appellants is of prior date. In view of the answer of the Full Bench of question no. 2, the B.P. Ed. Degree of the appellants would be deemed to have been recognized under the proviso to Section 14 (1) of the NCTE Act. We accordingly allow the special appeal, set aside the order of learned Single Judge and direct that the appellants may be given admission and training in the Special B.T.C. Training Course unless there is any other ground of ineligibility.;