Man Singh vs State of U.P. and Others

Krishna Murari, J.—Heard learned Counsel for the Petitioner and learned standing counsel appearing for Respondent Nos. 1 to 3.

The candidature of the Petitioner for Special BTC Training for the year 2007 was rejected on the ground that he has obtained his C.P.Ed. degree from outside the State of U.P. The rejection was not challenged by the Petitioner and he kept silent. The issue with regard to the degree obtained from outside the State of U.P. as valid qualification for admission in Special BTC was subject matter of adjudication by the Full Bench of this Court in Jitendra Kumar Soni v. State of U.P. and Ors. Civil Misc. Writ Petition No. 3733 of 2009 and other connected writ petitions. The Full Bench has observed that it is not open to the State or the State authorities to exclude the students, who have obtained degree/diploma/certificate in LT/B.P.Ed./D.P.Ed./C.P.Ed. from Institutions/Universities established by law situate at place outside the State of Uttar Pradesh and duly recognized by the NCTE, from applying either for the Special B.T.C. Course or B.T.C. Course. Any such exclusion is illegal.

However, in paragraph 31 of the judgment the Full Bench has observed as under:

The Government has issued orders closing these courses except for those, whose applications were rejected on the ground that they did not possess the L.T./B.P.Ed./D.P.Ed./C.P.Ed. from institutions in U.P. and the matters are pending before this Court. With respect to the Special B.T.C. Courses for the years 2004, 2007 or 2008, if the Petitioners, whose petitions are pending, are eligible, they shall be considered for training for the Special B.T.C. Courses, which shall be commenced within a reasonable period.

In pursuance of the aforesaid directions of the Full Bench fresh advertisement has been issued calling upon the candidates for Special BTC Course 2007. The Petitioner has approached this Court claiming that he is also entitled to be considered for the same, as his candidature was also rejected on the ground that he obtained the degree from outside the State of U.P. The Full Bench vide aforesaid judgment dated 13.8.2010 has confined the scope of consideration for Special BTC Course 2007 only in respect to those candidates whose petitions were pending before this Court. Since the present Petitioner has not challenged the rejection of his candidature earlier and no writ petition, filed on his behalf, was pending, he is not entitled for consideration in pursuance to the advertisement issued, as per the direction of Full Bench.

It is contended by the learned Counsel for the Petitioner that the Special BTC Course 2007 was not in issue before the Full Bench and initial advertisement issued did not provide for any such condition that only those candidates who have obtained degree from the institutions within the State of U.P. were only entitled to apply, hence the candidature of Petitioner is liable to be considered in pursuance to the fresh advertisement.

Be that as it may, the Full Bench has categorically made direction in respect of Special BTC Course 2007 that only those candidates whose petitions are pending shall be eligible for consideration. Admittedly, the Petitioner did not challenge the rejection of his candidature by filing any petition, and thus in the light of directions issued by Full Bench now her candidature is not liable to be considered.

In view of above, the relief prayed for is not liable to be granted. The writ petition accordingly fails and is dismissed.