IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 270 of 2010 (S/S) Smt. Seema Uniyal and others ..……… Petitioners Versus State of Uttarakhand and others ……… Respondents. Mr. Davesh Bishnoi, Advocate for the petitioners. Mr. Subhash Upadhyaya, Brief Holder for the respondents. Hon’ble Tarun Agarwala, J. Heard Shri Davesh Bishnoi, the learned counsel for the petitioners and Shri Subhash Upadhyaya, the learned Brief Holder for the State/respondents. The petitioners are working as Shiksha Mitra. The respondents issued a Government Order dated 1st March, 2009 inviting applications from Shiksha Mitra to undergo B.T.C. training course for two years in specified subjects according to their educational qualifications. In this Government Order, it was indicated that if a Shiksha Mitra had worked for more than one year and was a graduate or a post-graduate and was a permanent resident in the State of Uttarakhand, could apply for the B.T.C. training course of two years. The petitioners were working as Shiksha Mitra and during that period also obtained a graduation degree. Since the petitioners were qualified, they applied. The respondents rejected their application on the ground that the petitioners could not have pursued their graduation course while working as a Shiksha Mitra and, consequently, held that the graduation degree possessed by the petitioners was invalid and cannot be considered. The petitioners, being aggrieved, has filed the present writ petition. 2 Having heard the learned counsel for the parties, the Court is of the opinion that the stand taken by the respondents is patently arbitrary. Admittedly, the petitioners possesses a valid graduation degree and the respondents have no business to contend that the degree possessed by the petitioners are invalid, since they graduated while working as Shiksha Mitra. There is no embargo that a Shiksha Mitra while performing his duties could not take a further degree, namely, the graduation degree and, in any case, the petitioners contend that they took permission to undergo a graduation course. In my opinion, the petitioners are entitled to be considered for the B.T.C. training course pursuant to the Government Order dated 1st March, 2009. Consequently, the writ petition is allowed. The petitioners’ graduation degree would be accepted by the respondents as a valid degree and if the petitioners possesses the necessary qualifications as per the Government Order dated 1st March, 2009, the respondents are directed to include their names in the B.T.C. training course of two years. Necessary orders shall be passed by the respondents within two weeks from the date of the production of a certified copy of this order. (Tarun Agarwala, J.) Dated 16.06.2010 Shiv