Court No. - 5
Case :- WRIT - C No. - 29066 of 2015 Petitioner :- Nishi Bala And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kamlesh Kumar Yadav,Sanjay Kumar Jaiswal Counsel for Respondent :- C.S.C.,A.K. Yadav Hon'ble Ashok Kumar,J.
Heard Sri Sanjay Kumar Jaiswal, learned counsel for the petitioners, Sri Sandeep Kumar, learned brief holder for respondent nos. 1 and 7 and Sri A.K. Yadav, learned counsel for respondent nos. 2 and 3. No one is present on behalf of respondent nos. 4, 5 and 6.
By means of the present writ petition the petitioners have prayed for issuance of a mandamus commanding and directing the respondent no.3 to consider the petitioners' claim with respect of promotion to the petitioners for Special B.T.C. Training of 2007-2008.
Learned counsel for the petitioners placed reliance of a Division Bench judgment of this Court in Special Appeal No. 1271 of 2007 (Gyanendra Kumar Sharma and 49 others vs. State of U.P. and 3 others) and Special Appeal No. 1299 of 2007 (Smt. Anita Dubey and another vs. State of U.P. through Secretary Shiksha Anubhag-5 Government of U.P. Lucknow and 4 others) dated 3.10.2007.
Submission of learned counsel for the petitioners is that the petitioners had completed their B.Ed. course by the distant method from Mahatma Gandhi Gramodaya Vishwavidyalaya Chitrakoot, Satna M.P. The claim of the petitioners is that in pursuance of the judgment in Special Appeal No. 1271 of 2007 and 1299 of 2007 the petitioners are also entitled to be permitted for Special B.T.C. Training 2007-2008.
Learned counsel for the petitioners has placed a copy of the order of the Apex Court in Civil Appeal No. 10435 - 10436 of 2014 (State of U.P. and others vs. Gyanendra Kumar Sharma and others ) arises out of decision in Special Appeal No. 1271 of 2007 (Gyanendra Kumar Sharma and 49 others vs. State of U.P.). The Special Leave Petition/ Civil Appeal filed by the State of U.P. was dismissed by the Apex Court vide order dated 18.11.2014.
Learned counsel for the petitioners submitted that the petitioners have approached the respondent no.2/ 3 for consideration of their claim for permission of Special Training of B.T.C. course 2007-2008 respectively but no heed was paid. According to the counsel for the petitioner the act of the respondent no.2 and 3 is clearly an ignorance/disobedience of order passed by the division bench in Special Appeal No. 1271 of 2007/ 1299 of 2007 as well as Civil Appeal No. 10435 - 10436 of 2014 filed by the State of U.P. which was dismissed by the Apex Court and the order of Division Bench was upheld.
Having heard learned counsel for the parties and with the consent of the counsel for the parties the writ petition is disposed of by directing the respondent nos. 2/3/ competent authority to dispose of the petitioners' application/representation for permission of Special Training for B.T.C. Course 2007-2008 by passing speaking and reasoned order, strictly in accordance with law, and by considering the judgements referred hereinabove, preferably within a period of one month from the date of production of certified copy of this order.
The writ petition is accordingly disposed of.
Order Date :- 26.2.2019 S.S.