S.R.SINGH, J. - (1.) THE question that crops up for consideration by the Court here in these writ petitions is : whether holders of certificates of physical Education (in short C. P. Ed.) are qualified and eligible for appointment to the posts of Assistant Master and Assistant Mistress of Junior Basic Schools recruitment to which is governed by the U. P. Basic Education (Teachers) Services Rules, 1981, in short 'Rules' and their exclusion from the field of eligibility/consideration is sustainable in law ?
(2.) HAVING heard counsel for the parties and having given my anxious consideration to the question, I am of the considered view that the candidates possessing mere C. P. Ed. training qualification without any of the training qualifications specifically mentioned in Rule 8(1) are not qualified for appo­intment to the post of Assistant Master and Assistant Mistress of Junior Basic Schools and exclusion of such candidates from the field of consideration is legally sustainable for the reasons disclosed hereinafter. According to Rule 8 (1) of the Rules, the essential qualifications for appointment to the posts of Assistant Master and/or Mistress of Junior Basic School are as below : "Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh or any other qualification recognised by the State Government as equivalant thereto together with the training qualification consisting of a Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognised by the State Government as equivelant thereto.
(3.) PROVIDED that the essential qualification for candidate who has passed required training course shall be the same which was prescribed for admission to the said training course.;