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Seema Yadav v. State Of U.P. And Others - WRIT - A No. - 48695 of 2007 [2007] RD-AH 16555 (10 October 2007)

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Court No.39

Civil Misc.Writ Petition No. 48695 of 2007

Seema Yadav


State of U.P. and others

Alongwith Writ Petitions no.48752, 48753, 48754, 48756, 48715, 48720, 48722, 48724, 48726, 48728, 48730, 48732, 48733, 48735, 48737, 48738, 48841, 48875, 48877, 49001, 49002, 49003, 49004, 49051, 49072, 48879, 49074, 49168, 49170, 49212, 49258, 49259, 49289, 49342, 49871, 49872, 49949, 49955, 49998, 50091, 50208, 50283, 50292, 50304, 50305, 50306, 50307, 50310, 50426, 50401, 50434, 50548, 50549, 50550, 50604, 50661, 50664, 50665 and 50646, all of 2007.

Hon'ble Vineet Saran, J.

This bunch of writ petitions have been filed with a common grievance that the applications of the petitioners for Special B.T.C. Course 2007 be permitted to be filed even now, which is after the last date mentioned in the advertisement, and be accepted by the District Institute of Education and Training (hereinafter referred to as the DIET) of the various districts of the State of U.P.

Heard learned counsel for the petitioners as well as Sri K.K.Chand and Sri Rakesh Kumar Srivastava, learned Standing counsel for the respondents and have perused the record. On earlier dates, time was granted to the learned Standing counsel for obtaining instructions and it has been stated that the instructions have been received. With consent of the learned counsel for the parties these writ petitions are being disposed of at this stage.

An advertisement was issued by the respondent authorities on 17/18.7.2007, which was in pursuance of a Government Order dated 10.7.2007. There being requirement of 60,000 teachers for primary schools in the State of U.P., by the said Government Order it was decided that Special B.T.C. Training be imparted to 60,000 such candidates` who possess B.Ed. degrees. The said Government Order was further clarified by a subsequent order dated 13.7.2007 whereby it was provided that candidates could apply, not only from their home district but from other districts also. In the advertisement issued, the last date for filing such applications before the respective DIETs was 8.8.2007. It was also provided that applications were required to be sent by registered post or speed post. Since there were large number of candidates who had applied by registered post or speed post prior to the last date i.e. 8.8.2007 and the said applications, having not been received by the respective DIETs before the last date and thus had been returned back, hence such applicants had filed several writ petitions which were decided by Judgment and Order dated 23.8.2007 passed in the leading writ petition no. 38711 of 2007 Sarvesh Kumar Rai vs. State of U.P. and others. By the said Judgment this Court had directed that opportunity be made available to the petitioners and other similarly situated applicants to file their applications till 7.9.2007. After the passing of such order, several writ petitions were also filed for further enlarging the time for accepting the applications. While disposing of such writ petitions, on certain grounds which were specified in the various orders passed by this Court, time was further enlarged in the individual cases after considering the facts of that particular case. However, in certain writ petitions, after considering that finality has to be given to the selection process and that the directions for accepting the forms could not be continued to be given for indefinite period, this Court had stopped entertaining such writ petitions and had thus dismissed a large number of such petitions on the ground of delay.

Besides this, there was another question raised before this Court which as with regard to the respondents not accepting the applications of the candidates who had obtained B.Ed. degrees by distant mode. By Judgment and Order dated 24.8.2007 passed in writ petition no. 33987 of 2007 Renu Sharma vs. State of U.P. and others (which was connected with several other writ petitions) such writ petitions were dismissed after holding that rejection of the applications by the respondent was justified. Challenging the Judgment and Order dated 24.8.2007, petitioners of such writ petitions filed Special Appeal No. 1271 of 2007 (and another connected Special Appeal) which have been allowed by Judgment and Order dated 3.10.2007 passed by the Division Bench of this Court. While allowing the Special Appeals, the Division Bench passed the following order:-

"28. In these circumstances, the judgment rendered by the learned Single Judge has to be interfered with and it is, therefore, set aside. The appeals and the petitions will stand allowed. The Government Order dated 10.7.2007 will have to be read as including those students who have done their B.Ed. course by the distant education method under these two Universities. Both the appeals are allowed, accordingly.

29. We are told that last date for forwarding the applications was 7.9.2007. Inasmuch as this date has expired during the pendency of these appeals, we direct the State Government to extend the date for receiving the applications for the students of these two Universities. The State will extent it until 31st October, 2007. The State Government will issue the necessary advertisements in leading Newspapers having wide circulation in all Divisional Head Offices." (Emphasis supplied).

Learned Standing counsel has stated that although the cut off quality point marks for the selection of the candidates had already been announced by the respective DIETs of all the districts but because of the passing of the aforesaid Judgment and Order dated 3.10.2007, the counselling of the candidates has been stopped/postponed, as fresh decision with regard to the cut off marks for all categories of students would have to be determined afresh after the applications of the candidates possessing B.Ed. (distant mode) degrees file their applications. Thus the process of selection is still on and has not become final.

The question of further enlargement of time by this Court has now to be considered afresh. While deciding the said question, this Court has also to bear in mind that the Government Order in this regard was initially issued on 10.7.2007, which was further modified on 13.7.2007. The advertisement inviting applications was issued on 17/18.7.2007. There were 60000 candidates who were to be selected for such training from all over the State. The candidates were permitted to file applications not only in their home district but in other districts also. The last date for filing such application was 8.8.2007. There was less than three weeks time given to the applicants for filing their applications. It was not a case where there would be few hundred or few thousand applications. More than tens of thousands applications have been filed under various categories, in different DIETs all over the State. The submission of the petitioners that the State Government had not initially given sufficient time to the applicants to file their applications, which was permitted to be filed in more than one district, has force. There were several categories of applicants for which the candidates had to obtain necessary certificates to prove that they fall in that category, which was all to be done within the limited period of 20 days. It thus appears that a very short time of only 20 days was granted initially, which was insufficient. There was no clarification in the Government Order or the advertisement with regard to various aspects i.e. whether the regular degrees or degrees by distant mode would both be considered; whether the degrees from outside the State would be considered or not; whether Shiksha Mitra who worked for three academic sessions would be eligible for the 10% seats reserved for such category or those who worked for full three years would alone be eligible; etc. Such clarifications have been coming from the Court by various Judgment and Orders which have been delivered from time to time, even after the last date had passed. As such, this Court has to consider the prayer made in this writ petition, which is for enlarging the time for filing the applications, in the light of the aforesaid facts as well as in the light of the Judgment and Order dated 3.10.2007 passed by the Division Bench of this Court whereby for one particular class of candidates, the State Government has been directed to extend the time for receiving their applications till 31.10.2007.

Broadly speaking the petitioners in the various writ petitions fall in the following categories:-

1. Those candidates who possess B.Ed. degrees from Rajarshi Tandon Open University and the Indira Gandhi National Open University not as regular candidate, but by distant mode. Such candidates have already been held to be eligible.

2. Those candidates who possess B.Ed. degrees from Universities whose degrees of regular candidate are recognized by the respondents but not by distant mode. Such candidates would also be eligible.

3. Those candidates who have obtained B.Ed. degrees from Chaudhary Charan Singh University, Meerut or any other University where the results were declared after the last date i.e. 8.8.2007. Such class of candidates would also be eligible.

4. Those candidates who had filled up their forms within time but subsequently there had been change in the marks because of they having undergone improvement examination or for any other valid reason; or were initially issued provisional degrees/certificates but after the last date they have now been provided regular degrees/certificates and are now seeking to get their subsequent mark sheets or degrees/certificates substituted in place of those mark sheets or degrees/certificates filed earlier. Prayer of such candidates is also justified.

5. Those candidates seeking reservation on the basis of having worked as Shiksa Mitra for three years, which has been clarified by this Court to mean as three academic session, would also be eligible to be considered against 10% seats reserved for Shiksha Mitra.

6. Those candidates who possess certificate in physical education, diploma in physical education, bachelor degree in physical education, L.T. Training holders who were earlier not permitted to apply but have been permitted by order dated 31.7.2007 passed in writ petition no. 33428 of 2007 Arvind Kumar vs. State of U.P. Such candidates would also be eligible.

Petitioners in all the writ petitions thus contend that they are eligible for filing the application in response to the advertisement issued in terms of G.O. dated 10.7.2007. For some reason or the other, which may be because of late declaration of results or because initially only provisional certificate had been issued and the regular certificate or mark sheet had been issued after the last date; or for some other valid reason, they were unable to file their applications within the time granted in the advertisement or within the extended time granted by this Court.

Since such candidates have either not been allowed or were unable to file their applications within the time granted earlier, and since the selection process is still going on and for certain class of candidates applications have been permitted to be accepted till 31.10.2007, keeping in view the facts and circumstances enumerated above and considering that to select the best persons available applications of all eligible candidates should be considered and also keeping in view the ratio of the Judgment and Order dated 3.10.2007 passed by the Division Bench of this Court in Special Appeal No. 1271 of 2007, this Court is of the view that the State Government should issue necessary directions with regard to acceptance of forms of all the eligible candidates on the following terms:-

1. The applications of all the eligible candidates, as per the G.O. dated 10.7.2007 or the various Judgments of this Court as mentioned above, who have yet not been able to file their applications for Special B.T.C. Couse 2007 in response to the advertisement issued in pursuance of the G.O. dated 10.7.2007, shall be accepted by the respective DIETs by 31.10.2007. As agreed by the learned Standing counsel, the candidate shall be permitted to send the applications by speed post latest by 22.10.2007. However, if presented personally, the applications shall also be accepted by the respective DIETs of all the districts of the State of U.P. till 31.10.2007.

2. In cases where the applications have already been filed by the candidates and subsequently for some valid reason, there has been change in marks, or the regular certificate/degree has been issued in favour of the candidate in place of the provisional certificate/degree, such candidate shall be permitted to file their changed mark sheet or regular certificate/degree before the respective DIETs by 31.10.2007, which shall be replaced by the mark sheet or degree/certificate filed by such applicant earlier.

3. The applications filed by such candidates who have worked as Shiksha Mitra for three academic session shall be considered for grant of 10% reservation in that category. In support of the same if the requisite certificate had not been filed earlier, the same shall now be accepted till 31st October, 2007.

4. This order shall cover all such candidates who are eligible and merely because the writ petitions of some eligible candidates had been dismissed earlier, such candidates shall not be denied the benefit of this order merely on the ground that their writ petition had been dismissed earlier.

After all the applications are filed/received by the respective DIETs till 31.10.2007, a composite select list shall then be prepared and the cut off quality points of each category shall be declared only thereafter.

Considering the urgency in the matter it is directed that the State Government shall issue necessary instructions/directions/orders in this regard on or before 16th October, 2007. After the issuance of such order, wide publicity shall be given to the same by immediately issuing press notifications and also issuing advertisements in this regard in leading newspapers having wide circulation in District and Divisional Head Quarters, so that all the eligible candidates may be able to get the benefit of the same.

Accordingly these writ petitions stand allowed to the extend as indicated above.

Let a copy of this order be given to the learned counsel for the parties within 48 hours on payment of usual charges. However, the learned Standing Counsel shall be provided a copy free of charge within the same time for communication to the concerned authorities for necessary compliance.

Dt/- October 10, 2007



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