Abhishek Kr Yadav S/O Awadesh Kr Yadav vs State Of U.P Thru Secy.,Basic ... on 20 July, 2010

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Allahabad High Court

Abhishek Kr Yadav S/O Awadesh Kr Yadav vs State Of U.P Thru Secy.,Basic ... on 20 July, 2010

Bench: Rajiv Sharma

                                   1

Court No. - 24

Case :- MISC. SINGLE No. - 3821 of 2010
Petitioner :- Abhishek Kr Yadav S/O Awadesh Kr Yadav
Respondent :- State Of U.P Thru Secy.,Basic Education,Govt.Of
U.P,Lucknow
Petitioner Counsel :- S.C.Srivastava
Respondent Counsel :- C.S.C

                          along with
Case :- MISC. SINGLE No. - 3799 of 2010
Petitioner :- Gunjan Yadav D/O Om Prakash
Respondent :- State Of U.P Thru Secretary,Basic Education,U.P
Civil Secret
Petitioner Counsel :- Deepti Gupta
Respondent Counsel :- C.S.C

                          along with
Case :- MISC. SINGLE No. - 3828 of 2010
Petitioner :- Shafiqur Rahman S/O Ubedul Rahman
Respondent :- State Of U.P Thru Principal Secy.Basic Education
Dept. U.P C
Petitioner Counsel :- Asif Hasan,M.M.Salam
Respondent Counsel :- C.S.C,D.R.Misra

                          along with
Case :- MISC. SINGLE No. - 3885 of 2010
Petitioner :- Rahul Kumar Sharma S/O Sri Narain Sharma & Ors.
Respondent :- State Of U.P. Thru Secretary Basic Education &
Ors.
Petitioner Counsel :- Amrendra Singh
Respondent Counsel :- C.Sc..

                                 *****
Hon'ble Rajiv Sharma, J.

Since common questions of facts and law are involved in these writ petitions, as such, they are being decided by a common order.

Heard learned Counsel for the parties.

Learned Counsel for the petitioners submits that State Government, vide notification dated 22.5.1997, bifurcated District Bahraich and a new district, namely, Shrawasti was constituted. An advertisement has been published by Principal, DIET, Bahraich for pursuing B.T.C. Training-2010 for District Bahraich and District Shrawasti. Pursuant to the advertisement, petitioners have also applied for pursuing B.T.C. Training-2010. The petitioners belongs to District Shrawasti and seats of B.T.C. Training-2010 was not bifurcated for District Shrawasti. He submits that in case the seats of B.T.C. Training-2010 was bifurcated, petitioners will come 2 within the merit and they will be entitled for pursuing B.T.C. Training Course, 2010 but on account of non-bifurcation, their candidature has not been considered.

By means of order dated 7.7.2010, learned Standing Counsel was directed to fetch instructions as to why the conditions of the Government Order prevailing till 2009, have been changed abruptly during the current academic session for permitting the candidates to pursue B.T.C. Course.

In compliance of the order dated 7.7.2010, learned Standing Counsel, on the basis of instructions, submits that after filing of these writ petitions, necessary notification for bifurcation of the seats for district Bahraich and district Shravasti has already been made as per the newspaper report dated 7.7.2010, to which learned Counsel for the petitioner did not dispute but he submits that interest of justice would suffice, if the seats have been bifurcated, the candidature of the petitioners may also be considered and if they are eligible as per the terms and conditions of the advertisement, Principal, District Education and Training Institution, Ekauna, District Shrawasti may also be directed to pass appropriate order in accordance with law, to which learned Standing Counsel has no objection.

In view of the above, it is provided that if the seats of B.T.C. Training, 2010 for District Bahraich and District Sharwasti have been bifurcated and the petitioners are eligible as per the terms and conditions of advertisement, Principal, District Education and Training Institution, Ekauna, District Shrawasti is directed to look into the matter and pass appropriate order for selection of the petitioners for pursuing B.T.C. Training, 2010 in District Shrawasti, in accordance with law, expeditiously, say, within a period of one month from the date of receipt of a certified copy of this order and communicate the decision to the petitioners.

All the writ petitions are disposed of accordingly. 20.7.2010 Ajit/-

3 Court No. - 24

Case :- MISC. SINGLE No. - 3821 of 2010 Petitioner :- Abhishek Kr Yadav S/O Awadesh Kr Yadav Respondent :- State Of U.P Thru Secy.,Basic Education,Govt.Of U.P,Lucknow Petitioner Counsel :- S.C.Srivastava Respondent Counsel :- C.S.C Hon'ble Rajiv Sharma, J.

The writ petition is disposed of finally vide my order of date passed on separate sheets.

20.7.2010 Ajit/-

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