Hardeo Upadhyaya vs State of U.P.

Tarun Agarwala, J.—The petitioner is an ex-serviceman and had applied for the Special B.T.C. Training Course of 2004 under the category of an ex-servicemen. His application was rejected and therefore, the petitioner filed the present writ petition praying for a writ of mandamus directing the respondents to consider his candidature for admission in the Special B.T.C. Training Course, 2004.

The petitioner is a graduate but does not possess a B.Ed. degree which is an essential requirement for an admission in the Special B.T.C. Training Course. The learned Counsel for the petitioner submitted that as per the G.O. dated 12.2.1986 issued by the Government of India, the standard of selection could be lowered/relaxed in the case of the ex-servicemen, and therefore, submitted that the minimum educational qualification of holding a B.Ed degree could be relaxed by the authorities pursuant to the said Government Order. The leaned Counsel also placed reliance upon a G.O. issued by the State Government dated 28.4.1992, by which the order dated 12.2.1986 issued by the Government of India has been adopted.

Having considered the submissions of the learned Counsel for the petitioner, the Court is of the opinion, that the order of the Government of India dared 12.2.1986 read with the order of the State Government dated 28.4.l992, does nor benefit the petitioner.

There is a difference between relaxation of the minimum educational qualification and relaxation in the standard of the selection for the ex-servicemen. A reading of the aforesaid G.O. makes it apparently clear that the minimum education qualification can not be relaxed where there is a requirement of holding an educational qualification. The standard of selection can be lowered in the case of an ex-servicemen but the minimum educational qualification for admission in the B.Ed. course cannot be waived. In the present case, the petitioner does not have a B.Ed. Degree, and therefore, cannot qualify for admission in the B.Ed. Course. Consequently, the petitioner is not entitled for any relief.

The writ petition is dismissed.