Court No. - 34
Case :- WRIT - A No. - 42938 of 2004 Petitioner :- Km. Jyoti Kesarwani And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- S.D.Kautilya,Dinesh Chandra Mishra Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Dinesh Chandra Mishra, learned counsel for petitioners and learned Standing Counsel for State-respondents.
2. Petitioners' candidature for Special Basic Teaching Course 2004 (hereinafter referred to as "Special BTC Course, 2004") has not been held valid on the ground that they obtained Diploma in Education from Madhya Pradesh and, therefore, was not valid.
3. It is said that aforesaid issue has been considered by this Court and different Courts and also by Hon'ble Supreme Court in State of U. P. and others vs. Bhupendra Nath Tripathi and others, (2010) 4 UPLBEC 2921. Following the same, orders have been passed by this Court in several writ petitions. A reasoned order passed in similar circumstances in Writ Petition No.41013 of 2012, Neeraj Kumar Vs. State of U. P. and others decided on 20.08.2015 has been placed before this Court by learned counsel for petitioners. The operative part of said order reads as under :
"In view of the aforesaid fact, the order impugned cannot be sustained and is hereby set aside. The writ petition is allowed and the matter is remanded back to the respondent no.2 to consider and decide the claim of the petitioner for appointment against the vacancies for which the selection for Special BTC Course 2004 was held within a period of six weeks from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and in view of the observations made hereinabove."
4. For the reasons stated in the above judgment, and in the same terms this writ petition is allowed. Respondents are directed to consider claim of petitioners for admission to Special BTC Course 2004 and pass a speaking order within two months from the date of production of a certified copy of this order.
Order Date :- 26.10.2018 Manish Himwan