BTC SARKARI NAUKRI News NCTE RECOGNITION B ED DEGREE ISSUE -

BTC SARKARI NAUKRI News  NCTE RECOGNITION B ED DEGREE ISSUE -

 Order Date :- 11.2.2015

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 59

Case :- WRIT - A No. - 33013 of 2009

Petitioner :- Anil Kumar
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Ram Adhar
Counsel for Respondent :- C.S.C.,R.A. Akhtar
with
Case :- WRIT - A No. - 29302 of 2009

Petitioner :- Smt. Umarani
Respondent :- State Of U.P. And Others
Counsel for Petitioner :- Nishant Mehrotra,Pranjal Mehrotra
Counsel for Respondent :- C.S.C.,Anurag Khanna
With
Case :- WRIT - A No. - 32939 of 2009

Petitioner :- Pawan Kumar Sharma
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- P.S. Pundir
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 33954 of 2009

Petitioner :- Kanchan Sharma
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- S.K. Shula
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 35365 of 2009

Petitioner :- Suman Gupta
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Abhishek Srivastava
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 33613 of 2009

Petitioner :- Akshayber Nath Tiwari
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- D.K. Singh
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 33788 of 2009

Petitioner :- Suresh Mishra
Respondent :- State Of U.P. And Others
Counsel for Petitioner :- Kailash Prakash Pathak, Manoj Kumar Mishra
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 34508 of 2009

Petitioner :- Smt. Malti & Others
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Abhishek Srivastava
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 34514 of 2009

Petitioner :- Geeta Joshi
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Shailendra Kumar Singh
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 34527 of 2009

Petitioner :- Arvind Kumar Singh
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Ravindra Kumar, B.D. Mishra, Rakesh Kumar Singh
Counsel for Respondent :- C.S.C., R.A. Akhtar, Rajeshwar Singh
With
Case :- WRIT - A No. - 35623 of 2009

Petitioner :- Km. Seema
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Smt. Sandhya Sachan
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 35926 of 2009

Petitioner :- Pawan Kumar Sharma
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- P.S. Pundir
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 38068 of 2009

Petitioner :- Smt. Aneeta Sudhakar
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Ramesh Chandra Agrahari
Counsel for Respondent :- C.S.C., R.A. Akhatar
With
Case :- WRIT - A No. - 37359 of 2009

Petitioner :- Surendra Pal Singh
Respondent :- State Of U.P. And Others
Counsel for Petitioner :- K.N. Raha
Counsel for Respondent :- C.S.C., S.P.Mishra
With
Case :- WRIT - A No. - 39529 of 2009

Petitioner :- Dal Chandra
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Sudhakar Singh
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 39573 of 2009

Petitioner :- Smt. Naaz Kamali
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- A. Raza
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 39282 of 2009

Petitioner :- Smt. Malay Kumari
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Anil Kumar Singh
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 39648 of 2009

Petitioner :- Chandra Pal
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Shyam Bahadur
Counsel for Respondent :- C.S.C., Neeraj Tiwari, R.A. Akhtar
With
Case :- WRIT - A No. - 39862 of 2009

Petitioner :- Pramod Kumar Singh & Another
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Abhishek Srivastava
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 39864 of 2009

Petitioner :- Prem Lata Narvariya
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Abhishek Srivastava
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 41182 of 2009
Petitioner :- Smt. Alka Saxsena
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Manoj Kumar
Counsel for Respondent :- C.S.C., R.A. Akhatar
With
Case :- WRIT - A No. - 42029 of 2009

Petitioner :- Bavita Mishra & Another
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Abhishek Srivastava
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 42205 of 2009

Petitioner :- Pushpa
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Vimal Kumar
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 33329 of 2009

Petitioner :- Km. Chanchal Raheja
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Ranajit Shome, P.B. Singh, V.K. Rathi
Counsel for Respondent :- C.S.C.,Neeraj Tiwari, R.A. Akhatar
With
Case :- WRIT - A No. - 43941 of 2009

Petitioner :- Smt. Manju Rani
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Rajesh Kumar Sharma
Counsel for Respondent :- C.S.C., R.A. Akhtar, S.K. Singh /S.C./ 2009/ 154
With
Case :- WRIT - A No. - 44808 of 2009

Petitioner :- Smt. Sunita
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Miss Archna Hans
Counsel for Respondent :- C.S.C., Anil Tiwari, R.A. Akhtar
With
Case :- WRIT - A No. - 45102 of 2009

Petitioner :- Archana Rajpoot
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Ken Singh
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 46637 of 2009
Petitioner :- Kumari Reeta Rawat
Respondent :- Dir. State Council For Edu. & Others
Counsel for Petitioner :- A.P.N. Giri
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 46825 of 2009

Petitioner :- Smt. Babita Gupta
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Dinesh Kumar Misra
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 48203 of 2009

Petitioner :- Seema Gupta
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Narendra Singh
Counsel for Respondent :- C.S.C., R.A. Akhtar, Sanjay Kr. Singh
With
Case :- WRIT - A No. - 49251 of 2009

Petitioner :- Santosh Kumar Mishra
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Azad Rai, Lal Chandra Yadav
Counsel for Respondent :- C.S.C., R.A. Akhtar
With
Case :- WRIT - A No. - 49658 of 2009

Petitioner :- Abha Srivastava
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- B.K. Pandey
Counsel for Respondent :- C.S.C.
With
Case :- WRIT - A No. - 50007 of 2009

Petitioner :- Dr. Neelam Singh
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- D.D. Gupta, Bajarang Bahadur Singh, Mohan Yadav
Counsel for Respondent :- C.S.C.

Hon'ble Yashwant Varma, J.
Learned counsel for the parties have pointed out that Writ-A No. 37599 of 2009, Writ-A No. 39637 of 2009, Writ-A No. 48050 of 2009, Writ-A No. 36587 of 2009 and Writ-A No. 33943 of 2009 raise different issues and are to be decided separately from this batch of petitions.
Accordingly, these five writ petition shall stand detached from this batch of petitions.
This batch of writ petitions had come before this Court wherein, the petitioners sought the issuance of a writ commanding the respondents to permit them to join as Assistant Teachers in the Basic Primary Schools in the Special B.T.C., 2008. The petitioners were compelled to approach this Court primarily on account of conditions imposed in the advertisement. These conditions non suited candidates who had obtained the B.Ed. Degree prior to enforcement of the NCTE Act, 2003 and/or candidates who had obtained degrees from institutions whose applications for recognition were pending at the relevant time. The learned counsel for the parties have accordingly classified the matter before this Court as falling under the following two heads:
(A) B.Ed. degree obtained from Universities and affiliated colleges thereof before the commencement of the National Council for Teacher Education Act, 1993, which have been granted recognition after the Act came into force;
(B) B.Ed. degree obtained from Universities during the pendency of applications for recognition after which they have been recognized.
During the course of the said disputes being raised for B.T.C., 2007, this Court had been petitioned by various candidates assailing their rejection on the aforementioned grounds. Ultimately a Full Bench of this Court by its judgment was pleased to quash the offending conditions imposed in the Advertisement for Special B.T.C. Training Course, 2007. The judgment rendered by the Full Bench of our Court was taken in appeal by the State and was affirmed by the Hon'ble Apex Court vide its judgment and order dated 29th October, 2010. It would be apposite here to extract the relevant paragraphs of the judgment rendered by the Apex Court:-
"[15] The real question that falls for our consideration is whether only B.Ed. Candidates who have obtained this degree after grant of recognition by NCTE or those candidates who have obtained their degree when the application of the institution for recognition was pending or such of those candidates who have obtained B.Ed. Degree prior to commencement of the Act, on 1st July, 1995 are also eligible to join the BTC course. On an analysis of the material available on record and the submissions, the following are the various possible distinctions identified during the course of several levels of litigations concerning the issue:
(I) Degrees obtained from recognised institutions which have initiated such courses after the commencement of NCTE Act;
(II) Degrees obtained from institutions during the pendency of applications seeking recognition which ultimately did not receive the recognition;
(III) Degrees obtained from institutions during the pendency of applications after which they have been recognized;
(IV) Degrees obtained from Universities and affiliated colleges before the commencement of NCTE Act which have been granted recognition after the Act coming into force; and
(V) Degrees obtained from Universities and affiliated colleges before the commencement of the Act which have not been granted recognition.
[18] A fair reading and analysis of the scheme of the Act with respect to recognition of the institution imparting course or training in teacher education is an essential prelude to the core questions involved. On a plain reading of the provisions it is evident that on and from the date of enforcement of the Act, every institution offering or intending to offer the course or training in teacher education, was required to make application to the Regional Committee in such from and manner as may be determined by the regulations as provided in Section 14 of the Act. The proviso to Section 14(1) states that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period and until disposal of the application by the Regional Committee. What happens in case of existing institution makes application seeking recognition within the prescribed time but no decision is taken by the Council within the period of six months? Does it mean that the institution can impart training only for a period of six months and thereafter close the institution? Section 14(5) states that every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3).
[21] Prior to the enactment of NCTE Act, the degrees such as B.Ed. Course for teacher education were being awarded by the Universities or by the recognized institutions by the University Grants Commission or by such bodies as authorized by the University Grants Commission as the case may be were of sub-standard in anture in comparison to those degrees granted by the recognized institutions after the NCTE Act came into force. Such a view may amount to undermining the importance of the university education and the role played by the Universities in promoting the educations and educational standards. Each of the Universities have their own systems and mechanism to grant affiliation to the institutions offering courses at the college/University level and grant of affiliation is never considered to be a matter of course. Universities always ensure maintenance of standards and degrees awarded only after successfully completing the prescribed syllabi and the examinations conducted by the Universities. The NCTE Act in no manner makes any distinction between the degrees granted by the Universities or authorized bodies recognized by the University Grants Commission prior to the enactment of the Act and the degrees granted by the recognized institutions after the Act has come into force. NCTE Act provides for the recognition of the institution offering course or training in teacher education and does not speak about recognition of the degrees granted by the institution prior to the Act coming into force. Thus, degrees granted by the institutions already in existence offering a course or training in teacher education shall be deemed to be at par with the degrees or certificates granted by the recognized institutions after the commencement of the Act provided those institutions in existence offering the course also received recognition under the Act.
[22] In our considered view the State Government cannot make any distinction between the degrees obtained from the existing institutions prior to the Act coming into force but received recognition after the comencement of the Act and the degrees obtained from the recognized institutions after the Act coming into force. It is not shown how such a classification is based on an intelligible differentia and on a rational consideration and further how it bears a nexus to the purpose and object thereof. The impugned action of the State results in the classification or division of members of a homogeneous group and subjecting them to differentia treatment without any rhyme or reason."

For the present B.T.C. Training Course, 2008 similar offending conditions stood incorporated in the Advertisement in question. It is this advertisement which has led to the present batch of writ petitions being preferred before this Court.

The parties have categorised these batch of writ petitions under the following heads:

(A)
B.Ed. degree obtained from Universities and affiliated colleges thereof before the commencement of the National Council for Teacher Education Act, 1993, which have been granted recognition after the Act came into force.
(B)
B.Ed. degree obtained from Universities during the pendency of applications for recognition after which they have been recognized.
WRIA- 29302/2009(SMT. UMARANI Vs. STATE OF U.P. AND OTHERS)
WRITA 33013/2009(ANIL KUMAR Vs. STATE OF U.P. & OTHERS)
WRIA- 33954/2009 (KANCHAN SHARMA Vs. STATE OF U.P. & OTHERS)
WRIA- 32939/2009 (PAWAN KUMAR SHARMA Vs. STATE OF U.P. & OTHERS)
WRIA- 33613/2009 (AKSHAYBER NATH TIWARI Vs. STATE OF U.P. & OTHERS)
WRIA- 35365/2009 (SUMAN GUPTA Vs. STATE OF U.P. & OTHERS)
WRIA- 33788/2009 (SURESH MISHRA Vs. STATE OF U.P. AND OTHERS)
WRIA- 34508/2009 (SMT. MALTI & OTHERS Vs. STATE OF U.P. & OTHERS)
WRIA- 34514/2009 (GEETA JOSHI Vs. STATE OF U.P. & OTHERS)
WRIA- 34527/2009 (ARVIND KUMAR SINGH Vs. STATE OF U.P. & OTHERS)
WRIA- 35623/2009 (KM. SEEMA Vs. STATE OF U.P. & OTHERS)
WRIA- 35926/2009 (PAWAN KUMAR SHARMA Vs. STATE OF U.P. & OTHERS)

WRIA- 37359/2009 (SURENDRA PAL SINGH Vs. STATE OF U.P. AND OTHERS)

WRIA- 39529/2009 (DAL CHANDRA Vs. STATE OF U.P. & OTHERS)

WRIA- 39573/2009 (SMT. NAAZ KAMALI Vs. STATE OF U.P. & OTHERS)

WRIA- 39282/2009 (SMT. MALAY KUMARI Vs. STATE OF U.P. & OTHERS)

WRIA- 39648/2009 (CHANDRA PAL Vs. STATE OF U.P. & OTHERS)
WRIA- 39862/2009 (PRAMOD KUMAR SINGH & ANOTHER Vs. STATE OF U.P. & OTHERS) -Petitioner No. 1.
WRIA- 39862/2009 (PRAMOD KUMAR SINGH & ANOTHER Vs. STATE OF U.P. & OTHERS) Petitioner No. 2

WRIA- 39864/2009 (PREM LATA NARVARIYA Vs. STATE OF U.P. & OTHERS)

WRIA- 41182/2009 (SMT. ALKA SAXSENA Vs. STATE OF U.P. & OTHERS)
WRIA- 42029/2009 (BAVITA MISHRA & ANOTHER Vs. STATE OF U.P. & OTHERS) Petitioner No. 2
WRIA- 42029/2009 (BAVITA MISHRA & ANOTHER Vs. STATE OF U.P. & OTHERS) Petitioner No. 1.
WRIA- 33329/2009 (KM. CHANCHAL RAHEJA Vs. STATE OF U.P. & OTHERS)
WRIA- 42205/2009 (PUSHPA Vs. STATE OF U.P. & OTHERS)
WRIA- 46825/2009 (SMT. BABITA GUPTA Vs. STATE OF U.P. & OTHERS)
WRIA- 43941/2009 (SMT. MANJU RANI Vs. STATE OF U.P. & OTHERS)
WRIA- 48203/2009 (SEEMA GUPTA Vs. STATE OF U.P. & OTHERS)
WRIA- 44808/2009 (SMT. SUNITA Vs. STATE OF U.P. & OTHERS)
WRIA- 49658/2009 (ABHA SRIVASTAVA Vs. STATE OF U.P. & OTHERS)
WRIA- 45102/2009 (ARCHANA RAJPOOT Vs. STATE OF U.P. & OTHERS)
WRIA- 50007/2009 (DR. NEELAM SINGH Vs.STATE OFU.P. & OTHERS)
WRIA- 46637/2009 (KUMARI REETA RAWAT Vs. DIR. STATE COUNCIL FOR EDU & OTHERS)

WRIA- 49251/2009 (SANTOSH KUMAR MISHRA Vs. STATE OF U.P. & OTHERS)

Since in the opinion of this Court, the issues stand already resolved by the judgment of the Full Bench of this Court as affirmed by the Hon'ble Apex Court in appeal, all these writ petitions are liable to be allowed on the same terms and in accordance with the law laid down and referred to above. The respondents are directed to consider and scrutinize the claim of all the petitioners in these writ petitions in terms of the directions and the law laid down by this Court and the Hon'ble Supreme Court of India referred to hereinabove. Consequential orders would follow and abide by the above exercise.
The writ petitions stand allowed in terms aforesaid.
Order Date :- 11.2.2015
Arun K. Singh
(Yashwant Varma, J.)


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