JUDGMENT Hon’ble Rajesh Tandon, J. — Heard Sri S.K. Mandal, Advocate for the petitioner and Standing Counsel for the respondents. 2. By the present writ petition, the petitioner has prayed for a writ of mandamus directing and commanding the respondents to give admission to the petitioner in the Special B.T.C. for the session 2005-2006 and after completing the course, give him posting on the basis of certificate without any technical objection. 3. At the time of admission, following order was passed on 20.05.2005 : “Heard learned counsel for the petitioner. Admit. Issue notice. The Standing counsel on behalf of the respondents has accepted notices. He prays for and is granted three weeks time to file counter affidavit. One week’s time thereafter is allowed to file rejoinder affidavit. List thereafter. Meanwhile the candidature of the petitioner shall not be rejected if the degree passed by the petitioner is recognized by the University Grant Commission.” 4. Brief facts giving rise to the present writ petition are that according to the case of the petitioner, he is having requisite qualification for the post of Urdu Teacher as he has passed Urdu examination i.e. Adeev-A-Mahir and Adeev-e-Mahir, which are equivalent to B.A. and Intermediate respectively and thereafter he has obtained the degree of Moallim-e-Urdu in the year, 1995 from Jamia-Urdu-Aligarh, which is a recognized University. The petitioner belongs to O.B.C. category. 5. The Govt. of India passed an order-dated 13.09.1994 in which Adeev-e-Mahir and Adeev-e-Kamil were held to be equivalent to graduation and Intermediate respectively. 6. On 28th June, 1978, the Govt. of India, Ministry of Home Affairs, Department of Personnel and Administrative vide its order recognized the degree of Moallim-e-Urdu as equivalent to B.Ed. 7. According to the petitioner, he is permanent resident of Haldwani District Nainital and has a domicile certificate. 8. On 30.08.2001, amended on 31.08.2001 and 01.09.2001, the respondents no. 3 issued notification in daily newspaper ‘Amar Ujala’ & ‘Dainik Jagran’ inviting application for Special B.T.C. in the institute of respondent No. 3. 9. On 24.07.2003, the respondent no. 3 again invited applications for special B.T.C. in pursuance of the earlier advertisement stating therein that the candidates who possess the degree of graduation from the recognized University and Educational Training Certificate may apply for the total posts of 150 for Nainital District. 10. 9. On 24.07.2003, the respondent no. 3 again invited applications for special B.T.C. in pursuance of the earlier advertisement stating therein that the candidates who possess the degree of graduation from the recognized University and Educational Training Certificate may apply for the total posts of 150 for Nainital District. 10. The short submission of the petitioner is that he has appeared in the interview but their result has not been declared. 10. The short submission of the petitioner is that he has appeared in the interview but their result has not been declared. In a similar Writ Petition No. 1227 (ss) of 2004, the petitioners have also filed the Government Order dated 18th November, 2005 to the following effect : ßegksn;] mi;qZDr fo’k;d vkids i=kad & csfld ¼mnwZ½@36638@2005&06 fnukad 13-10-2005 ds Øe esa eq>s ;g dgus dk funsZ”k gS fd lE;d fopkjksijkUr mÙkjkapy jkT; ds ifj’knh; izkFkfed fo|ky;ksa esa mnwZ fo’k; v/;kiu ds fy, lgk;d v/;kidksa dh fu;qfDr gsrq vgZrk;sa] iwoZorhZ jkT; m-iz- esa le;≤ ij izpfyr vkns”kksa dks n`f’Vxr j[krs gq,] fuEuor~ fu/kkZfjr dh tkrh gS % 1- mnwZ fo’k; ds lkFk Lukrd ¼ch-,-½ vFkok ;wthlh ls ekU;rk izkIr mnwZ Lukrd ds led{k mikf/k ds lkFk gh ftyk f”k{kk ,oa izf”k{k.k laLFkku y[kuÅ] ldyMhgk ¼okjk.klh½] vkxjk rFkk eokuk ¼esjB½ ls chVhlh mnwZ vyhx<+ ls eksvfye&,&mnwZ izf”k{k.k izek.k i= izkIr fd;k gSA 2- ;fn mi;qZDr vgZrk j[kus okys vH;FkhZ miyC/k ugha gks ikrs gSa rks ,slh fLFkfr esa izkFkfed fo|ky;ksa esa mnwZ Hkk’kk ds v/;kiu gsrq Hkkjr esa fof/k }kjk LFkkfir fdlh fo”ofo|ky; ls mnwZ fo’k; ds lkFk Lukrd mikf/k rFkk lkekU; csfld v/;kid izek.k i= ¼lkekU; chVhlh½ izf”k{k.k vgZrk j[kus okys vH;fFkZ;ksa okys lgk;d v/;kid ds :i esa fu;qDr fd;k tk ldrk gSA 3- ;fn mi;qZDr fu/kkZfjr “kSf{kd@izf”k{k.k vgZrk j[kus okys vH;FkhZ miyC/k ugha gks ikrs gSa] rks ,slh fLFkfr esa mnwZ Hkk’kk ds lgk;d v/;kidksa ds fjDr inksa dks Hkjs tkus gsrq fuEufyf[kr Js.kh ds vH;fFkZ;ksa dks ojh;rk iznku dh tk ldrh gS fdUrq mUgsa vizf”kf{kr osrueku fn;k tk;sxk & ¼d½ fdlh ekU;rk izkIr fo”ofo|ky; ls mnwZ fo’k; ds lkFk Lukrd ¼ch,½ vFkok ;wthlh ls ekU;rk izkIr mnZw Lukrd ds led{k mikf/k rFkk 11-8-97 ds i”pkr tkfe;k mnwZ vyhx<+ dk eksvfYye&,&mnwZ izf”k{k.k izek.k i=A ¼[k½ fdlh ekU;rk izkIr fo”ofo|ky; ls mnwZ fo’k; ds lkFk Lukrd ¼ch,½ mikfèk vFkok ;wthlh ls ekU;rk izkIr mnwZ Lukrd ds led{k mikf/kA ¼2½ Ñi;k mDr ds vk/kkj ij mnwZ v/;kidksa dh fu;qfDr izfØ;k dks bl “kklukns”k ds fuxZr gksus dh frfFk ls ,d ekg esa iw.kZ djk;s tkus gsrq rRdky vko”;d vxzsÙkj dk;Zokgh fd;k tkuk lqfuf”pr djsaAÞ 11. According to the Government Order, the relaxation has been made for the candidates, who have got the degree of Moallim-e-Urdu from Jamia Urdu, Aligarh after 11.08.1997. 12. Earlier to the passing of the present Govt. According to the Government Order, the relaxation has been made for the candidates, who have got the degree of Moallim-e-Urdu from Jamia Urdu, Aligarh after 11.08.1997. 12. Earlier to the passing of the present Govt. Order dated 18th November, 2005, there were two judgments of this Court, one of the judgments has been passed in Writ Petition No. 794 (S/B) of 2002 Azad Ahamad and 11 others Vs. State of U.A. and another, where this Court after relying upon the G.O. dated 13th September, 1994 has passed the order to the following effect :- “A bare perusal of G.O. dated September 13, 1994 Annexure-4 to the writ petition reveal that the State of U.P. has recognized the Moallim-E-Urdu certificate equivalent to B.T.C. Urdu and in pursuance thereof those incumbent who hold such certificates were to be given appointment against vacancies of B.T.C. discipline in Urdu langauge. No doubt, by G.O. dated 11.08.1998 certificates, which were recognized as equivalent to B.T.C., have been de-recognized, except the certificates issued by institutions specified in this order. Jamia-E-Urdu do not find place among those institutions and therefore, the certificate of Moallim-E-Urdu ceased to have recognition with effect from the date of issuance of the said G.O. dated 11.08.1997. Learned Standing Counsel did not controvert the argument advanced by the learned counsel for the petitioners that in view of the provisions of Section 86 of Uttar Pradesh Reorganization Act, 2000 both the above G.O.s of the State of U.P., issued prior to the creation of the State of Uttaranchal, continue to apply in the State of Uttaranchal. Therefore, if any person has obtained Moallim-E-Urdu certificate before 11.08.1997 will be entitled to the benefit of this certificate and G.O. dated 13.09.1994 (Annexure-4). For the above reasons only those petitioners who have obtained Moallim-E-Urdu certificate before 11.08.1997 will be entitled to prior relief in this petition. Since the candidates who were selected pursuant to advertisement dated 16.06.2002 issued by respondent No. 2 have not been impleaded as the respondents in this petition and therefore, no relief in regard to the said advertisement is being granted to the petitioners. The petition, therefore, succeed partly and a writ in the nature of mandamus directing and commanding the respondents to recognize the certificate of Moallim-E-Urdu equivalent to B.T.C. (Urdu) for the recruitment against the appropriate posts of those petitioners who have obtained certificate prior to 11.08.1997. The petition, therefore, succeed partly and a writ in the nature of mandamus directing and commanding the respondents to recognize the certificate of Moallim-E-Urdu equivalent to B.T.C. (Urdu) for the recruitment against the appropriate posts of those petitioners who have obtained certificate prior to 11.08.1997. No order as to costs”. 13. A counter affidavit has been filed by the State, where in paragraph 5 it has been stated as under : “6. That the contents of para 4 of the writ petition are not admitted and are denied. Prior to 11/08/1997 Moallim-e-Urdu Course of Jamiya Urdu Aligarh was recognized equivalent to B.T.C. Course by the State of U.P. such recognition was cancelled by the State of U.P. on 11/08/1997 vide Government Order No. 2657/15-5-97-127/97 T.C. A true copy of the Government Order dated 11/08/1997 is being filed herewith and is marked as Annexure No. C.A. 2 to this affidavit. A writ petition No. 794 of 2002 was also filed for a direction to the State of Uttaranchal to recognise certificate Moallim-E-Urdu is equivalent to B.T.C. On 02/08/2003, the Hon’ble Court held the validity of the Government Order dated 11/08/1997 and directed to recognise the certificate of Moallim-E-Urdu Course equivalent to B.T.C. of those petitioners only who have obtained certificate prior to 11/08/1997.” 14. A writ of mandamus is issued directing the respondents to consider the candidature of the petitioner within a period of six weeks from the date of presentation of the certified copy of the order for the post of Teacher/Assistant Teacher in the institute of respondent no. 3 in accordance with law. 15. Consequently, writ petition is allowed. No order as to costs.