Ashok Bhushan, J. - (1.) THE National Council for Teacher Education, constituted under the National Council for Teacher Education Act, 1993, granted permission to the State of U.P. to impart a special primary teacher training course, i.e., Special Basic Training Course 2007 to the candidates, who are already B.Ed., to enable the State of U.P. to fill up more than 60 thousand vacant posts of primary teacher, which remained unfilled due to non availability of candidates having the primary teacher training certificate.
(2.) WHETHER the candidates, who obtained B.Ed. from the institutions recognised by the National Council for Teacher Education after the enforcement of National Council for Teacher Education Act, 1993, are alone eligible to apply for Special Basic Training Course 2007 or those candidates who either obtained B.Ed. degree prior to enforcement of National Council for Teacher Education Act, 1993 from the Universities recognised by the University Grant Commission or obtained degree after the enforcement of National Council for Teacher Education Act, 1993 from the Universities recognised by University Grant Commission, during the period when the application of the institutions/Universities seeking recognition under the National Council for Teacher Education Act, 1993 remained pending consideration by NCTE, are also eligible to apply for Special Basic Training Course 2007, are the questions, which have come up for consideration before this Bench. We have heard Sri Shailendra, Advocate, Sri Shashi Nandan, Senior Advocate, assisted by Sri Abhishek Srivastava, Advocate for the appellants, Sri Devendra Kumar Arora, Additional Advocate General, assisted by Sri K.S. Kushwaha for the State-respondents and Sri Rajiv Johsi, Rizwan Ali Akhtar and Ms. Rashimi Tripathi, Advocates, who have appeared on behalf of the National Council for Teachers Education, New Delhi. A Division Bench of this Court, while hearing above mentioned special appeals, referred the following questions for consideration by the Larger Bench:- (I) Whether after the enforcement of 1993 Act the candidates who obtained B.Ed. degree from an institution or a University during the period when the application of the Institution or University for grant of recognition was pending are eligible for Special B.T.C. Course-2007 as held by Division Bench judgement in Ekta Shukla's case ? Or Whether the candidates who have obtained degree from an institution or University recognised by NCTE are only eligible for Special B.T.C. Course 2007 as held by Division Bench judgement in Sanjai Kumar and Sunita Upadhyay's case ? (II) Whether recognition, as referred to in the proviso to Section 14(1) of the N.C.T.E. Act 1993 Act can be treated to be deemed recognition under the 1993 Act of an institution or a University for the period application were pending ? (III) Whether the exclusion of those candidates from field of eligibility for Special B.T.C. Course - 2007 who have obtained B.Ed. degree prior to enforcement of 1993 Act or after the enforcement of 1993 Act during the period when the application of the Institution or the University was pending consideration, is arbitrary and unreasonable violative of Articles 14 and 16 of the Constitution of India ?
(3.) BRIEF facts necessary for answering the questions referred to this Bench are; In State of U.P. more than sixty thousand posts of Assistant Teacher in primary institutions run by U.P. Basic Shiksha Parishad are laying vacant. The right of education for the children from 6 to 14 years being fundamental right under Article 21-A of the Constitution of India, the State is obliged to provide for imparting education to children from 6 to 14 years. For appointment of teachers in primary institutions a set of rules have been framed, namely, U.P. Basic Education (Teachers) Service Rules, 1981 in exercise of power under the U.P. Basic Education Act, 1972. Rule 8 of the U.P. Basic Education (Teachers) Service Rules, 1981 provides for appointment of Assistant Master and Assistant Mistress of Junior Basic Schools, according to it a candidate has to possess bachelor's degree from an University established by law in India together with training qualification consisting of a basic teacher's certificate or any other training course recognised by the Government as equivalent thereto. In State of U.P. more than sixty thousand posts of Assistant Teacher in primary institutions are vacant due to unavailability of candidates having basic teacher's training certificate (B.T.C.) or any other training certificate recognised by the State. In State of U.P., basic training course is imparted in District Institute of Education and Training (hereinafter referred to as the DIET) run by the State in different districts. However, the capacity to impart training in respective DIET's being limited, the number of candidates, who have been imparted regular basic training course are too meagre to cope with the requirement of Assistant Teachers in various institutions. To cope with the requirement of filling up the posts of Assistant Teacher in basic institutions, the State of U.P. has formulated a scheme for imparting Special Basic Training to the candidates, who are already B.Ed., such exercise was undertaken in the year 1998, 2004 and 2007. The case in hand relates to Special Basic Training Course 2007. The Parliament has enacted the National Council for Teacher Education Act, 1993 according to which permission is required for starting any new course or training by recognised institutions. The State of U.P. forwarded a proposal for permitting it to impart Special Basic Training Course to the candidates, who are already B.Ed., in recognised DIETs of State of U.P. so as to make available the candidates eligible to be appointed in more than sixty thousand posts of Assistant Teacher, which are laying vacant in the State of U.P. On the proposal sent by the State of U.P., the Regional Committee of the National Council for Teacher Education granted permission vide its order dated 27th June, 2007 for imparting Special Basic Training Course to the candidates, who are already B.Ed., of a duration of six months' course. The State of U.P. issued a Government order dated 10th July, 2007 with regard to Special Basic Training Course 2007 providing for guidelines and conditions for imparting Special Basic Training Course 2007. One of the conditions contained in the Government order, relatingh to minimum educational qualification, mentioned that for Special Basic Training Course 2007 the minimum educational qualifications shall be graduation with B.Ed. from any recognised college run by State/Central Government and approved by the National Council for Teacher Education (hereinafter referred to as the NCTE). In pursuance to the Government order dated 10th July, 2008 advertisement was issued on 18th July, 2008 by different DIETS inviting applications from the eligible candidates for Special Basic Training Course 2007. The advertisement mentioned graduation from an University established by law and recognised by University Grant Commission and B.Ed. from recognised training institute from NCTE as essential qualification. It is sufficient to refer the pleadings of Special Appeal No.858 of 2008 arising out of Writ Petition No.27579 of 2008 (Bhupendra Nath Tripathi and others vs. State of U.P. and others) for appreciating the issues raised in the present case. The appellants have passed their B.Ed. (Shiksha Shastri Pariksha) from institutions affiliated to Sampurnand Sanskrit Vishwavidyalaya, Varanasi and from Purvanchal Vishwavidyalaya, Jaunpur. The appellants have passed their B.Ed. in different years from 1993 to 1998. The appellants submitted their applications in respective DIETs. They were called for counselling in November and December, 2007 and a list was prepared and published in respective DIETs showing them to be selected for counselling for Special Basic Training Course 2007. After counselling, the appellants were called for training of Special Basic Training Course 2007 their names being included in the final select list. The letters were issued to the appellants from different DIETs between 17th February, 2008 to 25th April, 2008. Before the appellants could be sent for training letter dated 25th March, 2008 from the Director, State Council of Research and Training was received by different DIETs referring to a Division Bench judgment dated 13.3.2008 in Special Appeal No.391 of 2008 (Smt. Sunita Upadhyay vs. State of U.P. and others). The Division Bench in Sunita Upadhyay's case (supra) held that advertisement having specifically required the candidates to have passed B.Ed. from the institutions, which have NCTE's recognition and since in that case the NCTE's recognition was not, at the relevant time when the candidates had passed, the appeal was dismissed. The substance of the judgment in Sunita Upadhyaya's case (supra) was circulated to all Principal of DIETs and they were asked to act accordingly. After the letter dated 25th March, 2008, the Principals of the DIETs issued letters to the appellants on 25th April, 26th April, and 3rd May, 2008 intimating that in the year when the appellants had passed the B.Ed. the institution having not been recognised by NCTE, the appellants are not eligible and cannot be sent for Special Basic Training Course. The appellants filed Writ Petition No.27579 of 2008 praying for following relief in the writ petition:- "(i) issue a writ order or direction in the nature of certiorari calling the records of the case and quashing the impugned advertisement dated 18.7.2007 (Annexure No.3A to this writ petition) and quashing the impugned order dated 25.3.2008 (Annexure No.7 to this writ petition) passed by Director SCERT and quashing the impugned order (Annexure No.9 to this writ petition) passed by Principal of different D.I.E.T. in relation to petitioner nos. 1, 2 and 3. (ii) issue a writ order or direction in the nature of mandamus declaring the Government order dated 10.7.2007 amended upto date ultra virus to the provisions of the Constitution being hit by Article 14 and 16 of the Constitution of India to the extent that it make distinction between degree obtained by candidates after enforcement or implement of National Council for Teachers Education Act, 1993 and degree obtained prior to recognize by University Grant Commission or by any body authorized by University Grant Commission, so far validity of public employment is concerned and particularly to the extent its relevancy of Special B.T.C. Course 2007. (iii) Issue a writ order or direction in the nature of mandamus directing respondent authorities to allow to petitioners to complete B.Ed. training in their respective D.I.E.T. and consequential benefits in view of the facts and circumstances of the case that they are keeping valid degree and particularly in such circumstances, Division Bench of this Court has upheld that such degrees not only for Special B.T.C. Course 2004 but also subsequent exam and that judgment has already been confirmed in the Apex Court, petitioner may also be given consequential order like consideration of appointment as Assistant Teacher in Primary institution governed by Basic Education Act.";