D.P. Singh, J. - (1.) ON the joint request of the parties, Writ Petition No. 3189 of 2009 shall be the leading case where counter affidavit has been filed and counsel for the petitioner states that no rejoinder affidavit is required.
(2.) HEARD learned counsel for the petitioner, learned Standing Counsel Shri K.S. Kushwaha and Shri Rajiv Joshi for N.C.T.E. This bunch of writ petitions seeks a mandate to the respondents to consider their candidature for admission to Special B.T.C. Training Course 2007. The petitioners in all these petitions hold B.P.Ed./D.P.Ed./C.P.Ed./L.T. degrees from outside the State and all of them were called for counselling on respective dates but their candidature was orally rejected on the ground that their degrees had been obtained from outside the State and, therefore, they were not eligible. They approached the Authorities through their respective representations but to no avail.
(3.) IN the meantime, the State Government issued a Government order dated 11.12.2008 after the 7th list was declared by the respective DIETs notifying that the admission to Special B.T.C. Training Course 2007 has been closed down. However, prior to the issuance of the aforesaid Government order, a learned Single Judge of this Court in the case of Girvar Singh v. state of U.P. and others, 2008(9) ADJ 595 held that even those candidates who had obtained degrees from outside the State are eligible for admission for the aforesaid course after it considered the different Government orders and the advertisement issued. Learned counsel for the petitioner has pointed out that his case was also covered by Girvar Singh's case and his name was declared prior to the issuance of the 7th list. However, Shri Kushwaha appearing for the respondent contends that in view of the proposal dated 22.6.2006 sent by the State to the N.C.T.E., and which proposal having been accepted, clarifies the position that only those candidates who had obtained the aforesaid degrees within the State are eligible for admission. But, he does not deny that these facts were in existence when the judgment of Girvar Singh was delivered and it has neither been stayed nor set aside by any competent Court though a Special Appeal by the State Government is pending decision. Though there is some substance in the argument of Shri Kushwaha that after the judgment of this Court in Upendra Rai's case having been set aside by the apex Court and the condition of degree from the State of U.P. being upheld, the petitioners are not eligible, but in the opinion of the Court, as of date, this Court is bound by the decision in Girvar Singh's case.;