Hon’ble Ran Vijai Singh, J.—This writ petition has been filed for issuing a writ of certiorari quashing the order dated 16.6.2008 passed by Principal District Education and Training Institute Muzaffar Nagar (respondent No. 4) with the further prayer to issue a writ of mandamus directing the respondent No. 4 to permit the petitioner to complete Special B.T.C. Urdu training 2006 alongwith other candidates, who have secured 169.200% marks and got their selection.

2. The facts giving rise to this case are that the petitioner applied for Special B.T.C. Urdu Training 2006, pursuant to the advertisement dated 11.9.2006 published in the daily Newspaper Amar Ujala Muzaffar Nagar, on 9.10.2006. The copy of the advertisement as well as the petitioner’s application has been brought on record as Annexures 2 and 3 to the writ petition. The petitioner has attached the attested photostat copies of mark-sheets of High School, Intermediate and B.A., as required under the advertisement. The petitioner has also annexed the marks-sheet of Urdu of the year 2003 issued by U.P. Madhyamik Shikha Parishad showing that he has passed Intermediate Examination in the subject of Urdu.

3. It is stated in paragraphs 7 and 8 of the writ petition that the petitioner has received letter from the office of respondent No. 4 on 4.4.2008 to appear before respondent No. 4 on 8.4.2008 for counselling with original documents and two phtographs of passport size. After completing the entire formalities the petitioner appeared before respondent No. 4. The petitioner has also appeared in counselling held on 8.4.2008 but he has not been sent for training alongwith other candidates. The petitioner has secured 169.266% marks whereas the candidates who have secured 169.200% marks have been selected and have been sent for training but the petitioner has been ignored having secured more marks.

4. Aggrieved by this action the petitioner has filed Civil Misc.Writ Petition No. 24560 of 2008, Shamim Ahmad and others v. State of U.P. and others. This petition was disposed off on 15.5.2008 by this Court with the direction to the petitioner to file a representation alongwith certified copy of the order and photostat copy of the writ petition before respondent No. 4 within a period of 15 days and in case of filing the same, the respondent No. 4 was directed to consider the grievance of the petitioner by passing a reasoned speaking order in accordance with law within a further period of one month.

5. It appears, after the aforesaid order was passed, the petitioner has filed a representation alongwith phtostat copy of the order of the writ petition and thereafter the respondent No. 4 passed the impugned order dated 16.6.2008 rejecting the claim of the petitioner on the ground that the petitioner did not file the marks-sheet of Urdu subject as required under the advertisement dated 11.9.2006. Further in the application form although the petitioner has mentioned that he has qualified in Adeeb examination in 2005 from Jamia Urdu Aligarh with Roll No. ADB/7082 but the date of issue of mark-sheet is blank whereas in the mark-sheet which was produced by the petitioner at the time of counselling the date of issue of marks-sheet is mentioned as of 6.2.2007. Whereas the requirement in the advertisement was that the applicant must possess the requisite qualification and marks-sheets etc., upto the last date for filing the application i.e., 11.10.2006. In this case the marks-sheet was issued to the petitioner on 6.2.2007 therefore, the petitioner was not eligible to fill up the application for Special B.T.C. Urdu Training 2006.

6. I have heard Sri Ishtiyaq Ali learned counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1, 2, 4 and 5 and Sri Manish Deo holding brief of Sri Ajay Kumar Sharma learned counsel appearing for the respondent No. 3.

7. Learned counsel for the petitioner has submitted that the impugned order passed by respondent No. 4 is unsustainable for the