Saturday, December 19, 2015

UPTET SARKARI NAUKRI News - BTC Admission - Science Arts Stream Matter in Allahabad High Court -

UPTET SARKARI NAUKRI   News - BTC Admission - Science Arts Stream Matter in Allahabad High Court 


HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 32 

Case :- SPECIAL APPEAL No. - 283 of 2005 

Appellant :- Dinesh Kumar Rawat & Others 
Respondent :- State Of U.P. & Others 
Counsel for Appellant :- P.N. Ojha,Ashok Khare 
Counsel for Respondent :- C.S.C. 
Connected with 

Case :- SPECIAL APPEAL No. - 285 of 2005 

Appellant :- Ajay Kumar Sharma & Others 
Respondent :- State Of U.P. & Others 
Counsel for Appellant :- P.N. Ojha,Ashok Khare 
Counsel for Respondent :- C.S.C. 
                             And 

Case :- SPECIAL APPEAL No. - 493 of 2005 

Appellant :- Shivali Pathak And Others 
Respondent :- State Of U.P. And Another 
Counsel for Appellant :- Deepak Jaiswal,S.P.S. Soni 
Counsel for Respondent :- C.S.C. 
Hon'ble Rakesh Tiwari,J. 
Hon'ble Shashi Kant,J. 
1. Heard Sri Vishnu Shanker Gupta, learned counsel for the appellants, learned Standing Counsel for the State of U.P. and perused the record. 
2. These special appeals under Chapter VIII Rule 5 of the High Court Rules, 1952 have been preferred challenging the correctness of judgment dated 07.12.2004, passed by the learned Single Judge in Civil Misc. Writ Petition No. 35831 of 2004 - Dinesh Kumar Rawat and Others Vs. State of U.P. and Others. 
3. The relief sought by the appellants in the aforesaid appeals is to allow the appeals and set aside the impugned judgment and order with cost throughout. Since the relief sought in the aforesaid appeals is common, therefore, by the consent of learned counsel for the parties, all the appeals are heard and decided collectively by this judgment.  
4. This Court at the time of admission on 15.03.2005, had passed following order : 
"Last paragraph of the order under appeal is set out:- 
'For the aforesaid reasons, all the writ petitions are dismissed except writ petitions of candidates with B.Sc. (Agriculture) and B.Sc. (Home Science), who were treated in the arts category. These writ petitions are referred to the larger bench for determination of question as to whether the B. Sc. (Agriculture) and B. Sc. (Home Science) degrees for the purposes of selection in Special B. T. C. 2004 are degrees in Science, for the appointments as Assistant Teachers in Basic Schools as held in Kripa Shanker Dube's case (Writ Petition No. 32309/2003 decided on 13.4.2004).' 
The appeal might be put up for hearing after the referred cases are disposed of by the larger Bench." 
5. Sri Vishnu Shanker Gupta, learned counsel for the appellants submits that the writ petition of the appellants being Writ Petition No. 35831 of 2004, was connected with the leading case being Civil Misc. Writ Petition No. 22141 of 2004, alongwith large number of other cases. In this case, vide impugned order the learned Single Judge had held as follows : 
"For the aforesaid reasons, all the writ petitions are dismissed except writ petitions of candidates with B.Sc. (Agriculture) and B.Sc. (Home Science), who were treated in the arts category. These writ petitions are referred to the larger bench for determination of the question as to whether the B.Sc. (Agriculture) and B.Sc. (Home Science) degrees for the purposes of selection in Special B.T.C. 2004 are degrees in Science, for the appointments as Assistant Teachers in Basic schools as held in Kripa Shanker Dube's case (Writ Petition No. 32309/2003 decided on 13.4.2004)." 
6. Counsel for the appellants further submits that the matter was decided by the larger Bench, comprising Hon'ble Chandramauli Kumar Prasad, Chief Justice and Hon'ble Mr. Justice Pankaj Mithal, vide order dated 23.12.2009, passed in Civil Misc. Writ Petition No. 22141 of 2004 - Niranjan Singh and Others Vs. State of U.P,. & Others, alongwith other connected cases. The larger bench decided the reference in favour of the petitioners in the following manner : 
"The learned Single Judge in the aforesaid judgment observed as under : 
"...........court is of the opinion that there is no material for clubbing B Sc. (Ag) in Arts category and as such this condition, which has been sought to be imposed, appears to be unreasonable on the face of it. 
................... 
In this view of the fact, as the petitioner had filled up form for consideration of his candidature as Science category candidate and has undertaken the aforementioned examination in the aforementioned category as such it is hereby directed that petitioner shall be treated as Science category candidate and admission be accorded to him on merit by treating him as Science category candidate." 
It is further relevant here to state that the State Government by its order dated 10.07.2007 had decided that B.Sc. (Agriculture) and B.Sc. (Home Science) candidates shall be considered to be candidates belonging to science stream
The relevant extract of the aforesaid Government order is reproduced herein below :- 
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In view of the aforesaid, we hold that the candidates who had obtained their degree for B.Sc. (Agriculture) or B.Sc. (Home Science) be treated to be candidates belonging to the science stream for the purposes of admission to the Special BTC course 2004. 
Counsel for the petitioners state that a large number of seats are still available in the Special BTC course 2004 on which the candidates who have passed Bachelor of Science (Agriculture) and Bachelor of (Home Science) can be accommodated. 
We do not find any material to record a finding in this regard. In case seats/vacancies are available for admission, the respondents shall consider the cases of all those candidates who had passed B.Sc. (Agriculture) or B.Sc. (Home Science) treating them to be belonging to the science stream. Benefit of this order shall not only be confined to the writ petitioners but would be available to all the candidates who had applied and belong to aforesaid categories. 
All the writ petitions stand disposed of accordingly." 
7. Learned counsel for the parties agree that the matter in reference covers the facts of these cases and the judgment dated 23.12.2009, covers the factual and legal aspects of the controversy involved in these appeals. 
8. Having heard learned counsel for the parties and after perusal of judgment dated 23.12.2009, we proceed to decide these appeals in terms of the judgment rendered by the Division Bench of this Court in Civil Misc. Writ Petition No. 22141 of 2004 - Niranjan Singh and Others Vs. State of U.P. and Others (alongwith 54 other connected matters), decided on 23.12.2009. 
9. Accordingly, aforesaid appeals are disposed of in terms of judgment dated 23.12.2009, rendered by the Division Bench of this Court in Civil Misc. Writ Petition No. 22141 of 2004 - Niranjan Singh and Others Vs. State of U.P. and Others (alongwith 54 other connected matters).
Order Date :- 2.12.2015 
A. Verma 


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