Heard learned counsel for the petitioner.
Learned counsel for the petitioner has pointed out the order passed by this Court dated 20.5.2019, which is being quoted hereinbelow:
"Heard learned counsel for the petitioner.
It is the case of the petitioner that she putforth her candidature in terms of the Government Order dated 14.01.2004 & 20.02.2004 for Special BTC Course but her candidature was rejected on the ground that she had obtained the B.A. Degree through correspondence Eduation/Distance Education) from Chaudhary Charan Singh Meerut University. In a similar case namely Gyanendra Kumar Sharma, this Court passed an order with respect to Indira Gandhi National Open University and Rajrishi Tandon Open University that the Distance Education was in no way inferior and permitted candidates with B.E. degrees from such Universities to apply for Special B.T.C. 2007. In the case of the petitioner she approached this Court claiming the benefit of the judgment and this Court directed the respondent to consider her representation.The representation of the petitioner was rejected on the ground that this Court and the Supreme Court had made observations only with respect to Indira Gandhi National Open University and Rajrishi Tandon Open University. The order of rejection dated 24.07.2015 has been challenged in the petition.
It has been submitted that in similar circumstances a writ petition was filed by one Sangita Gupta (Writ Petition No.5858 (M/S) of 2015) which was allowed by the writ court giving the benefit of the judgment rendered in Gyanendra Kumar Sharma's case to the writ petitioner therein who had studied through correspondence course from a different University. It has been submitted that the judgment of the writ court was challenged in the Special Appeal (Defective) No.466 of 2016 (State of U.P. Vs. Sangita Gupta) which was also dismissed on 25.10.2016.
It has also been submitted that the benefit of the judgment rendered in Sangita Gupta has also been given to one writ petitioner Vikram Singh in Writ Petition No.7965 (M/S) of 2015 decided on 30.08.2018.
It is apparent from perusal of the order impugned that the petitioner had applied for being sent on Special BTC Training Course of 2007. The Right of Children to Free and Compulsory Education Act and Rules framed thereunder in 2011 came into force thereafter. Now T.E.T. is compulsory qualification for any teacher to be engaged in a primary school.
Learned Standing counsel shall seek specific instructions from the SCERT with regard to Special BTC Course 2007 and whether similarly situated writ petitioners have been given the benefit of judgment rendered in Gyanendra Kumar Sharma and Sangita Gupta's case.
List this matter on 30.05.2019."
In pursuance of the order passed by this Court, instructions have been received from the office of the Director, SCERT, Lucknow, a copy of which, has been produced before this Court.
It is apparent from a perusal of the said instructions that it refers to the Special Leave Petition being dismissed in the case of Gyanendra Kumar Sharma and Smt. Anita Dubey by the Supreme Court and the order passed by the Division Bench dated 3.10.2007 being applicable thereafter, the Government had issued a Government Order in compliance on 13.1.2015 and had permitted all candidates, who had taken their B.Ed. Degree through distance education from Indira Gandhi National Open University, New Delhi or from Rajshree Tandon Open University, Allahabad, U.P. as eligible and qualified and permitted them to attend the BTC 2007, Special BTC 2008 and Special BTC 2008 (Special Selection Course).
With regard to Jamia Miliya Islamiya University, New Delhi, the distance education B.Ed. Course was recognized also in terms of the judgment and order passed by this Court in the case of Abhishek Rai and others and Preeti Rai and others. A Government Order was issued in this regard on 23.7.2015.
With regard to the petitioner, however, it has been stated in the instructions that Special BTC selection came to an end by issuance of Government Order dated 11.12.2008. One similarly situated candidate Sangita Gupta had filed Writ Petition No.5858 (MS) of 2015 and when the order was passed in her favour in the writ petition and in appeal, there were seats available in the particular category in which, Sangita Gupta belonged and, therefore, she was also allowed to undergo training for Special BTC as per Government Letter dated 16.12.2016. One Vikram Singh, who had completed his B.Ed. through correspondence course from the Institute of Correspondence Courses of Chaudhary Charan Singh University, Meerut, had also filed Writ Petition No.7965 (MS) of 2015 and his case was directed by this Court to be considered in view of the law settled by this Court in the case of Gyanendra Kumar Sharma and Abhishek Rai and others. However, his case was rejected vide order dated 22.5.2019 as distance education mode is not equivalent to correspondence course.
It has been submitted by the learned Standing Counsel that the petitioner has also completed her course from the Institute of Correspondence Course of Chaudhary Charan Singh University, Meerut and she is similarly placed as Vikram Singh, the writ petitioner of Writ Petition No.7965 (MS) of 2015. It has been submitted that Sushila Mishra had completed her B.Ed. from Pondicherry University, Pondicherry and Sangita Gupta had completed her B.Ed. from Algappa University, Tamil Nadu through distance education course and, therefore, the petitioner cannot be given the benefit of the judgment rendered in the case of Sangita Gupta and Sushila Mishra.
No instructions have been sent by the Director, SCERT with regard to the status of Special BTC Course 2007 after coming into force of the Right of Children to Free and Compulsory Education Rules framed under the Act and now TET has become a compulsory qualification for any teacher to be engaged in the Primary School.
The Director, SCERT shall appear in person on 5.8.2019 to explain the status of Special BTC Course 2007 and whether any person, who qualifies the Special BTC Course can be permitted to work as Assistant Teacher in the schools run by the Basic Shiksha Parishad after coming into force the Right to Education Act.
List this matter on 05.08.2019.
Order Date :- 26.7.2019 Sachin