Nov - High Court of Judicature at Allahabad

986 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
the petitioner from the zone of
consideration is in conformity with the
terms and conditions laid down in the
Government Order issued under the
permission granted by the NCTE.
Case law discussed:
(2006) 9 SCC, 1.
(Delivered by Hon'ble Arun Tandon, J.)
1. This bunch of writ petitions has
been filed for a writ of mandamus
commanding the Director, State Council
for Educational Research and Training,
U.P. Nishatganj, Lucknow as well as
Principal of District Institute of Education
and Training of various districts of State
of Uttar Pradesh to not to reject the
application made by the petitioners for
admission to Special BTC Training
Course, 2007 only on the ground that they
had obtained a Degree of B.Ed. from an
institution/University situate in the State
of Jammu & Kashmir.
2. Facts giving rise to the present
writ petition in short are as follows:
On 14.11.2008 the State Government
after obtaining permission from National
Council for Teachers Education (NCTE)
decided to admit students to Special BTC
Training Course of the year 2007.
Accordingly an advertisement has been
published. Besides other one of the
essential conditions provided for being
considered for admission to aforesaid
Special BTC Course is that the candidate
must have a Degree of B.Ed. From a
Degree College established by the State
Government/Central Government/a
recognized affiliated Degree College,
duly approved by the NCTE for the B.Ed.
Course. Since the issue raised in the
present writ petitions is confined to the
aforesaid condition only, all other
conditions mentioned in the Government
Order are not being referred to.
3. The petitioners before this Court
claim that they have obtained a Degree of
B.Ed. from an educational
institute/University situate in the State of
Jammu & Kashmir. According to the
petitioners as per Section 1 (2) of the
NCTE Act, 1993, the area of operation of
the aforesaid Act is the entire country of
India except the State of Jammu &
Kashmir. It is contended that the
eligibility clause under the Government
Order which requires a candidate to be
possessed of a Degree of B.Ed. from
institute/University duly approved by
NCTE (for grant of such
Degree/Certificate) cannot be applied qua
the candidates like the petitioners who
have obtained the B.Ed. Degree from an
institution within the State of Jammu &
Kashmir. Therefore, it is prayed that the
applications made by the petitioner be
directed to be entertained by the State
respondents as petitioners have a Degree
of B.Ed. from a University duly
established.
4. On behalf of the writ petitioners a
large number of interim orders which
have been granted in similar matters have
been referred to.
5. The contention raised on behalf of
the writ petitioners is opposed by the
Standing Counsel and it is submitted that
the State Government has the competence
to lay down the norms and conditions for
admission to Special BTC Training
Course 2007 inasmuch as the purpose of
such Special BTC Training Course is to
train the candidates for appointment as
Assistant Teacher in Parishadiya
Vidyalayas, appointment whereof is