The location of the university from which a B. Ed. degree is obtained should not be the sole basis for rejecting applications for Special BTC training and recruitment.

( 1 ) HEARD Sri Syed Wajid All, learned counsel appearing on behalf of the petitioners and learned standing counsel representing the respondents.

( 2 ) THIS petition has been filed by two petitioners, namely, Mewa Ram and Mahipal Singh for the relief that their applications for selection for Special BTC pursuance to the advertisement dated 14. 8. 2001, Annexure-5 to the writ petition, as amended from time to time may not be rejected only on the ground that the petitioners, who have passed their B. Ed, course from Kumayun university, which now forms part of Uttaranchal State.

( 3 ) IT is submitted that petitioner No. 2 has passed his B. Ed, examination in the year 1999. At that time, State of Uttaranchal has not come into existence, which came into existence in the month of November, 2000 by U. P. State Reorganisation Act, 2000, therefore, at that time the petitioner no. 2 who has passed his B. Ed. course from Kumayun University, Nainital cannot be said to be passed the degree from an University situated outside the State of U. P. and in this view of the matter, his application cannot be rejected on the ground that he has not passed his B. Ed, degree from an University situated within the State of U. P.

( 4 ) COMING to the case of petitioner No. 1, Mewa Ram, who is said to have passed his B. Ed, degree from Kumayun University, Nainital in the year 2001. The result of B. Ed, examination, according to the assertion made by the petitioner, was declared before the month of July, 2001. At that time, the State of Uttaranchal has come into existence, therefore, the petitioner cannot claim that he has passed his B. Ed, degree from an University situated in State of U. P. In this regard, two factors are relevant to be kept in mind, first that Kumayun University, Nainital is still regulated and governed by the provisions of U. P. State Universities Act, 1973 and secondly, in view of the law laid down by this in the case of Upendra Rai v. State of U. P. and Ors. , 2000 (2)AWC 865 : 2000 (2) UPLBEC 1340, even assuming that petitioner Mewa Ram has passed his b. Ed, degree from an University outside State of U. P. , which is established under law, his application form cannot be declared as not maintainable as this condition has been held to be ultra vires by the Division Bench of this Court in the aforesaid case of Upendra Rai (supra ). in this view of the matter, the writ petition succeeds and is allowed. The respondents are directed to accept and consider the application forms of the petitioners for the Special B. T. C. training and recruitment pursuant to the advertisement for which they have applied and their application forms shall not be rejected only on the ground that they have not passed their B. Ed. degree course from an University situated within the State of U. P.

( 5 ) WITH the aforesaid observations, the writ petition is finally disposed of. There will be no order as to costs.

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