Birendra Kumar Tripathi vs State of U.P. and Others

Dilip Gupta, J.—The Petitioner, who responded to the advertisement issued for Special B.T.C. Training 2007, has filed this petition for a direction upon the Respondents to admit the Petitioner to the Special B.T.C. Training 2007 keeping in view of the judgment of the Supreme Court in State of U.P. and Others Vs. Bhupendra Nath Tripathi and Others,

It is stated that the Petitioner obtained "Shiksha Visharad" from the Hindi Sahitya Sammelan in 2004 and, therefore, when the Division Bench of this Court in Bhupendra Nath Tripathi v. State of U.P. and Ors. reported in 2009 1 UPLBEC 1 has held that the "Shiksha Visharad" Degree from the Hindi Sahitya Sammelan is equivalent to B.Ed. Degree and the judgment of the High Court has been affirmed in the SLP which was dismissed by the Supreme Court, he should be admitted to the training.

Learned Standing Counsel appears for Respondent Nos. 1, 2 and 4. Sri Suresh Singh appears for Respondent No. 3 From a perusal of the judgment rendered in Bhupendra Nath Triapathi (supra), it is clear that what was examined by the High Court was whether the Shiksha Shastri Pariksha Degree obtained from the Sampurnanand Sanskrit Vishwavidyalaya, Varanasi and Purvachal Vishwavidyalaya, Jaunpur can be considered as equivalent to the B.Ed. Degree.

In the present case, the Petitioner is contending that the "Shiksha Visharad" Degree obtained from the Hindi Sahitya Sammelan in the year 2004 should be considered as equivalent to the B.Ed. Degree. The contention of learned Counsel for the Petitioner cannot be accepted as the Hindi Sahitya Sammelan is not a University and it has no recognition from Statutory Authority after 1967.

In Rajasthan Pradesh V.S. Sardarshahar and Another Vs. Union of India (UOI) and Others, the Supreme Court observed that the certificates issued by the Hindi Sahitya Sammelan upto 1967 can only be recognised. The relevant observations are:

At the cost of repetition, it may be pertinent to mention here that in view of the above, we have reached to the following inescapable conclusions:

(I) Hindi Sahitya Sammelan is neither a University/Deemed University nor an Educational Board.

(II) It is a Society registered under the Societies Registration Act.

(III) It is not an educational institution imparting education in any subject inasmuch as the Ayurveda or any other branch of medical field.

(IV) No school/college imparting education in any subject is affiliated to it. Nor Hindi Sahitya Sammelan is affiliated to any University/Board.

(V) Hindi Sahitya Sammelan has got no recognition from the Statutory Authority after 1967. No attempt had ever been made by the Society to get recognition as required u/s 14 of the Act, 1970 and further did not seek modification of entry No. 105 in II Schedule to the Act, 1970....

There is, therefore, no merit in this petition. It is, accordingly, dismissed.