The U.P. Basic Education (Teachers) Service Rules, 1981, do not apply to the selection of candidates into the Basic Training Course, 2004.

JUDGMENT:

B.SUDERSHAN REDDY,J.

Leave granted.

2.These appeals have been preferred against the common judgment and order of the Allahabad High Court dated 14.5.2004 passed in Special Appeal No. 461 of 2004.

3.We have elaborately heard the learned counsel for the parties and perused the impugned judgment and the material made available on record.

4.The facts leading to filing of these appeals are not required to be noticed in detail for a very short and simple question falls for consideration viz. as to whether the authorities were right in not selecting the appellants to undergo B.T.C. Training Course, 2004.

5.The State of Uttar Pradesh as a measure of policy decision has decided to arrange the Special BTC Training Course for a period of six months to as many as 46,189 candidates possessing B.Ed./L.T. course. The National Teachers Education Board accorded its approval to the proposal submitted by the State of Uttar Pradesh for arranging the Special BTC Training Course for a period of 6 months to all those candidates with a requisite qualification of B.Ed./L.T. course. The Government order dated 14.1.2004 makes it abundantly clear it is a Special BTC Training Course, 2004 which is a programme of training for six months, including a three months practical schedule and in no manner deals with any selection and appointment of Assistant Teachers in the Basic Schools run by the U.P. Basic Education Board in the State of Uttar Pradesh. Be it noted that none of the appellants in these appeals could secure admission to Special BTC Training Course, 2004. Their case is that they should be given preference in admission to Special BTC Course inasmuch as they had already appeared for selections in Special BTC Course, 2001. Their further case is that the appointments should be made on the basis of year wise training course passed by the candidates, and the candidates who had passed the required training course earlier be placed above than those who had passed the training later.

6.In order to resolve the controversy it is just and necessary to notice the salient features of the policy decision of the Government of Uttar Pradesh dated 14.1.2004. It is clear from a bare reading of the policy that the Government had resolved to arrange the Special BTC Training Course spread over a period of six months to all those 46,189 B.Ed./L.T. qualified candidates. The selection is for the purposes of imparting training and not recruitment into any service as such. Only such candidates who completed their training of B.Ed./L.T. as regular students in universities recognized by the National Teachers Education Board, recognized colleges and training institutes conducted by the State Government/Central Government alone were eligible for the selection into the course. The policy provides the age of the applicant must be minimum of 16 years and not more than 35 years as on 1st July, 2004. However, some relaxation has been made in favour of scheduled caste, scheduled tribe, backward class candidates and others with which we are not concerned in this case. The most important feature of the policy is that a State level merit list is required to be prepared on the basis of percentage of marks obtained in High School considering the rules regarding reservation. The policy directs the payment of stipend of Rs. 2500/- per month to the selected candidates for the special BTC training until "he is duly appointed on the post of Assistant Teacher in the basic school after passing the written and practical examinations conducted by the Registrar, Departmental Examinations, Uttar Pradesh and obtaining the required certificate, under the control of State Council for Education Research and Training, on completing the required training in the merit process."

7.The Government order dated 14.1.2004 was amended vide Government order dated 20.2.2004 even while the writ petition filed by