B. Sudershan Reddy, J. - (1.) Leave granted.
(2.) The State of Uttar Pradesh and its authorities are in appeal before us challenging the correctness of the judgment rendered by a Full Bench of the High Court of Judicature at Allahabad whereby and whereunder the High Court held that the restriction as contained in the Government Order dated 10th July, 2007 limiting the eligibility to apply for Special Basic Training Course 2007 only to such of those candidates who have passed B.Ed. from the institutions recognized by the National Council for Teacher Education (NCTE) as arbitrary and unreasonable. The High Court held that the exclusion of candidates from the field of eligibility for the said course who have obtained B.Ed. degree prior to enforcement of National Council for Teacher Education Act, 1993 (for short the Act) or after the enforcement of the Act during the period when the application of any institution or University was pending consideration is arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India.
(3.) In order to appreciate as to whether the impugned judgment rendered by the Full Bench suffers from any infirmities requiring our interference, few relevant facts may have to be noticed: BACKGROUND FACTS Although appalling and almost unbelievable, but the fact remains that in State of Uttar Pradesh, more than 60,000 posts of Assistant Teacher in primary institutions run by Uttar Pradesh Basic Shiksha Parishad are lying vacant and unfilled for a long time for whatever be the reasons thereof. The appointment of teachers in primary institutions is governed and regulated by the statutory rules known as U.P. Basic Education (Teachers) Service Rules, 1981 framed by the Government of Uttar Pradesh in exercise of its power under U.P. Basic Education Act, 1972. The rules provide that for appointment of Assistant Master and Assistant Mistress in Junior Basic Schools, one is required to possess a bachelors degree from a University established by law in India together with Basic Teachers Training Certificate (BTC) or any other training course recognized by the Government as equivalent thereto. The BTC course in the State of U.P. is imparted by District Institute of Education and Training (DIET) run by the State in different Districts with limited intake capacity on account of which a large number of posts remain vacant as suitable candidates were not available for being appointed as Assistant Teachers. ;