Court No. - 18
Case :- WRIT - A No. - 71552 of 2009
Petitioner :- Ram Ajore Verma
Respondent :- State Of U.P. & Others
Petitioner Counsel :- J.K. Srivastava
Respondent Counsel :- C.S.C.,R.A. Akhtar
Hon'ble Sudhir Agarwal, J.
As requested and agreed by the learned counsel for the parties, the writ
petition is being finally decided under the Rules of the Court at this stage
without calling for the counter affidavit since the issue raised is purely legal
and is squarely covered by a Full Bench judgment of this Court.
Heard learned counsel for the petitioner, learned Standing Counsel for State-
respondents and Sri R.A. Akhtar, learned counsel appearing for respondent
no. 4.
The petitioner obtained B.Ed. qualification in 1993 from K.S. Saket Post
Graduate Degree College, Ayodhya, District Faizabad which is affiliated from
Awadh University, Faizabad but has been disqualified for consideration for
admission in Special B.T.C. on the ground that only such B.Ed. course as
recognized and approved by National Council for Teachers Education
(hereinafter referred to as “NCTE”) would be considered as a valid
qualification.
The petitioner is aggrieved by the advertisement issued by the respondents
inviting applications for Special B.T.C. Training Course, 2008 insofar as it
directs that only B.Ed. course which has been recognised by NCTE would be
eligible qualification for applying for the said post.
It is not disputed by the respondents that the issue in question is covered by
Full Bench Judgment of this Court in Bhupendra Vs. State of U.P. & others
2009 (1) UPLBEC 1. The matter is squarely covered by the aforesaid
judgment inasmuch the question raised in this matter has been framed as issue
no. 3 by the Full Bench as under :
“3. 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 & 16 of the Constitution of
India?”
The same has been answered as under :
“The exclusion of the candidates from the field of eligibility for Special Training Course 2007, who
have obtained B.Ed. Degree prior to enforcement of National Council for Teacher Education Act,
1993 or after the enforcement of National Council for Teacher Education Act, 1993 during the period
when the application of the institution or the University was pending consideration is arbitrary,
unreasonable and violative of Articles 14 & 16 of the Constitution of India. The above two categories
of candidates are also eligible to participate in Special Basic Training Course 2007.”
In the light of the said Full Bench judgment, a Division Bench of this Court
vide judgment dated 31.3.2009 allowed the Special Appeal no. 858 of 2008
(Bhupendra Nath Tripathi & others Vs. State of U.P. & others) holding the
petitioners who obtained B.Ed. qualification before the NCTE Act was
enforced as eligible. In the case in hand, since the petitioner obtained B.Ed.
degree in 1993, he is entitled to be considered for Special B.T.C. Training
Course, 2008 and could not have been excluded from consideration.
The writ petition is, accordingly, allowed. The respondents are directed to
consider the petitioner also for Special B.T.C. Training Course, 2008 and not
to disqualify him only on the ground that his B.Ed. degree which he obtained
in 1993 is not recognised by NCTE.
Dt. 4.1.2010
PS-71552/09