WPSS No. 354 of 2008 Hon’ble Tarun Agarwala, J. Mr. Vinay Upadhayay, Advocate for the petitioner and Mr. Subhash Upadhyaya, Brief Holder for the respondents. The controversy involved in the present writ petition is squarely covered by a decision of a Division Bench of this Court dated 09/02/2010 passed in Special Appeal No. 2 of 2010, State of Uttarakhand and others Vs. Sanjay Singh and others wherein it was held that a candidate possessing the qualification of Vyayam Ratna from Maharani Laxmi Bai Vyayam College, Jhansi would be deemed to possess the qualification of diploma in physical education and, therefore, eligible for the post of Trained Graduate Assistant Teachers (Physical Education). The petitioner has filed the present writ petition claiming for a direction to respondent No.3 to give appointment to the petitioner in Special B.T.C. course at District Education and Training Institute Didihat, District Pithoragarh. The contention of the petitioner was, that he was not allowed to join on the ground that the petitioner did not had the necessary qualifications of diploma in Physical Education. The petitioner contended that he had Vyayam Ratna from Maharani Laxmi Bai Vyayam College, Jhansi which was equivalent to a diploma in Physical Education. This Court by an interim order dated 6th March, 2006 had directed the respondents to grant the petitioner admission in B.T.C. Course. Subsequently, by an order dated 4th December, 2006, the respondents were directed to declare the results provisionally. In view of the fact that the controversy being settled by a judgment dated 09/02/2010, a writ is issued holding that the petitioner was entitled to be given appointment in Special B.T.C. Course. The results so declared will be deemed to be valid. The writ petition is accordingly disposed of. (Tarun Agarwala, J.) Dated 17.05.2010 Shiv