Hon’ble Ashok Bhushan, J.—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.

3. 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.

4. 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 judgment 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 judgment 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 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 ?

5. 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