( 1 ) THE appellant who holds the certificate of having passed the Intermediate Examination, 1991, conducted by the U. P. Board of High School and Intermediate Education and two-year diploma-in-Education Course 1996-98 from Zila Shiksha and Training Institute, Jabalpur, (in short diet) (Madhya Pradesh) has invoked the special appeal jurisdiction of this Court being aggrieved by the judgment dated 7. 12. 1999 of the learned single Judge who dismissed the writ petition instituted by the appellant. The subject-matter of impugnment in the writ petition was the legality of advertisement dated 28. 4. 1999 and the Government circular dated 11,8. 1997. The circular dated 11. 8. 1997 showed that it had been decided by the Government to fill up the posts of Assistant Teacher in Junior Basic Schools only from such candidates who have, according to the provisions of the U. P. Basic Education (Teachers) Service Rules, 1981, obtained B. T. C. , hindustani Teachers Certificate, Junior Teachers Certificate and Teaching Certificates from institutions run by the Government of Uttar Pradesh and to rescind with immediate effect the equivalence to B. T. C. granted to other training courses and degrees/diplomas. So far as impugned advertisement dated 28. 4. 1999 is concerned, it has been envisaged therein that only those candidates could apply for appointment as Assistant Teachers in the Junior Basic Schools situated in rural areas who have had to their credit the Basic Teacher Certificate called B. T. C. awarded by Zila Shiksha Prashikshan Sansthan, Gorakhpur [rajkiye Kanya Diksha Vidyalay)upto 1998 besides other qualification as delineated in the Government Circular dated 11. 8. 1997. diploma in Education was earlier known as Buniyadi Shiksha Pramanpatra of Madhya Pradesh, which was equivalent to B. T. C. of Uttar Pradesh.

( 2 ) THE question that emerges for consideration is whether the appellant was eligible for appointment to the post of Assistant Teacher in Junior Basic Schools run by the Uttar Pradesh basic Shiksha Parishad. The requisite academic qualification prescribed for the post of Assistant master and Assistant Mistress of Junior Basic Schools under Rule 8 of the U. P. Basic Education (Teachers) Service Rules. 1981, is ; "intermediate Examination of the Board of High School and intermediate Education Uttar Pradesh or any other qualification recognised by the Government as equivalent thereto together with training qualification consisting of a Basic Teacher certificate, Hindustani Teacher Certificate. Junior Teacher Certificate, Certificate of teaching or any other training course recognised by the Government as equivalent thereto. The appellant, as stated supra, does not hold training qualification consisting of Basic Teacher Certificate, hindustani Teacher Certificate or Junior Teacher Certificate. What he holds is diploma in education (in short "d. Ed. ") which was awarded to him after he completed two years course from DIET, Jabalpur (M. P. ). It has been submitted by Sri Arvfnd Srivastava, learned counsel appearing for the petitioner that the aforesaid certificate awarded by DIET, Jabalpur (M. P.) was earlier recognised as equivalent to Basic Teacher Certificate (B,t. C.) of Uttar Pradesh as is evident from the circular No. (31/20490-639/15-3 (25)/85-86 dated 16. 3. 1986 issued by Director of Education (Basic) Uttar Pradesh, Allahabad, a copy of which has been annexed as Annexure-3 to the stay petition but its equivalence to B. T. C. . as stated supra, has been rescinded by the government vide circular dated 11. 8. 1997. It has been canvassed by the learned counsel that diet. Jabalpur (M. P.) is a recognised Institution as per the provisions of the National Council for Teachers Education Act, 1993, an Act enacted to provide for the establishment of a National council for teacher education with a view to achieving planned and co-ordinated development for teachers education system throughout the country ; the regula