IMPORTANT POINT
State Government cannot make any distinction between the degrees obtained from the existing institutions prior to the Act coming into force but received recognition after the commencement of the Act and the degrees obtained from the recognized institutions after the Act coming into force.

Headnote:(a) Constitution of India – Article 21A – Right to education – Universal primary education being a fundamental right all children are to be given education – Teaching job cannot be left to untrained teachers or those trained from unrecognized institutions – Interest of individuals cannot be placed above or preferred to larger public interest – a (Para 11)
        (2000) 7 SCC 618 – Relied upon
       (b) Constitution of India – Article 21A – Right to education – Quality control in teaching – State of U.P. taking a policy decision to send only those teachers for BTC training who held their degree or diploma from NCTE recognized institutions. (Para 13)
        (c) NCTE Act, 1993 – Section 14 – Consequence of non-recognition is discontinuance of the course – Once the recognition is granted the same shall relate back to the date of filing of application – Even in case of refusal of recognition, the course may have to be discontinued, only at the end of academic session. (Para 19)
        (d) Constitution of India – Article 14 – State Government cannot make any distinction between the degrees obtained from the existing institutions prior to the Act coming into force but received recognition after the commencement of the Act and the degrees obtained from the recognized institutions after the Act coming into force. (Para 22)
        (1971) 3 SCR 699; (1999) 7 SCC 120; (2004) 4 SCC 513 – Distinguished
       2006 (1) ESC 531 – Distinguished impliedly
       Facts of the case:
        The question of eligibility to apply for Special Basic Training Course 2007 in U.P. is the issue involved in these appeals.
       Finding of the Court:
        There is no infirmity in the impugned judgment.
       Result : Appeals dismissed.

JUDGMENT

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 bachelor’s degree from a University established by law in India together with Basic Teacher’s 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.

4. It is under those circumstances, the State had formulated a scheme for the imparting of the Special BTC course to such of those candidates who were already holding the Degree of B.Ed. Such an exercise was undertaken in the year 1998, 2004 and 2007. We are concerned in the present case with the Special Basic Training Course 2007. The State submitted proposals to the Regional Committee of the National Council for Teacher Education seeking appropriate permission to impart Special Basic Training Course in recognized DIETs of U.P. to the candidates who are already holders of B.Ed. qualification. Such permission is required for starting any new course or training in teacher education by any recognized institution under the provisions of the Act. The NCTE vide its order dated 27 th June, 2007 granted permission for imparting Special BTC Course as requested by the State. The State Government issued an order specifying guidelines and conditions for imparting Special BTC Course, 2007 which, inter alia, provide minimum educational qualification for Special BTC Course, 2007 as Graduation with B.Ed. from any recognized college run by State/Central Government and approved by the NCTE under the provisions of the said Act. In pursuance of the Government Order dated 10th July, 2007, advertisement was issued which was published in various newspapers on 18th July, 2007 inviting applications from the eligible candidates for Special BTC Course, 2007.

5. The writ petitioners possess B.Ed. degrees (Shiksha Shastr

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2010 Supreme(SC) 1050

Cases Referred (4)