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2011 Supreme(All) 906

K.N.PANDEY, SUNIL AMBWANI
SADHANA SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Cousnel :
Abhishek Srivastava and Shashi Nandan for the Appellant; R.A. Akhtar, S.G. Hasnain and Ram Krishna for the Respondents.

JUDGMENT

By the Court.—We have heard Shri Abhishek Srivastava, learned counsel for the petitioner-appellant. Shri R.A. Akhtar appears for the National Council for Teachers’ Education (NCTE)-respondent No. 3. Shri S.G. Hasnain, AAG has appeared for the State of U.P.

2. Cause shown for condonation of delay is sufficient. The delay condonation application is allowed.

3. The petitioner has obtained degree of B.Ed. from the Jammu and Kashmir University. They applied in the selections for Special BTC Training Course, 2007 designed specially for those, who have B.Ed. degrees, for training to fill up vacancies of teachers with primary school teachers training, after seeking approval of the NCTE. The petitioner was excluded from the selection on the ground that she has obtained B.Ed. degree from Jammu and Kashmir University.

4. The question whether the candidate, who had obtained B.Ed. degree prior to the enforcement of National Council of Teachers Education Act, 1993 or after the enforcement of the Act, during the period, when the application of the institution or university was pending consideration was referred to a larger Bench.

5. The Full Bench of this Court in Bhupendra Nath Tripathi and





















































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