Hon’ble F.I. Rebello, C.J.—The questions referred to this Full Bench and which we have re-framed for consideration are :

(a) Whether the degree obtained by a student from an institution/university established by law, situate at a place out side the State of Uttar Pradesh but duly recognized by the N.C.T.E. can be refused acceptance as valid qualification for being admitted to Special B.T.C. Course-2008 by the State?

(b) Whether the classification under the Government Order between the degree of B.Ed. obtained from other State being valid for admission to B.T.C. Course-2008, while the degree of C.P.Ed., B.P.Ed. and D.P.Ed. similarly obtained from the institutions situate outside the State of Uttar Pradesh being invalid for considered for admission to B.T.C. Course-2008 is arbitrary and without any reasonable rational and therefore hit by Article 14 of the Constitution of India?

(c) Whether the Division Bench judgment in the case of Vijay Kumar Kushwaha and others v. State of U.P. and others, (2003) 3 UPLBEC 2211, lays down the correct law?

2. A learned Single Judge of this Court, while hearing the writ petition of applicants, who had applied for admission to Special B.T.C. Course, 2007 in Jitendra Kumar Soni and others v. State of U.P. and others, in Civil Misc. Writ Petition No. 3733 of 2009, noted that their candidature had been rejected only on the ground that they had obtained a degree of Bachelor of Physical Education (B.P.Ed.)/Diploma of Physical Education (D.P.Ed.) from the colleges/University situate outside the State of Uttar Pradesh in view of the terms and conditions of the Government Order dated 14th November, 2008, regulating admission to B.T.C. Course-2007. By that order, only the students, who had passed their B.P.Ed./D.P.Ed. from the institutions situate in the State of Uttar Pradesh were alone entitled to apply for Special B.T.C.-2007. This condition was challenged before the learned Single Judge on various grounds, which can be enumerated as under:

“(a) The degree obtained by the petitioners is from a recognized University established by law, although situate outside the State of Uttar Pradesh. Such degree cannot be discriminated viz-a-viz the degree granted by an University of the State of Uttar Pradesh. It is, therefore, submitted that the classification itself is arbitrary. Reference in that regard has been made to the judgment of the Hon’ble Supreme Court in the case of Dr. B.L. Asawa v. State of Rajasthan and others, AIR 1982 SC 933 (Para 10).

(b) It is contended that the condition imposed, referred to above, results in complete exclusion of students, who have obtained identical qualification from the Universities outside the State of Uttar Pradesh. He submits that although the State can exercise preference in respect of the students, who have obtained degree from the institutions within the State of Uttar Pradesh, but such preference cannot be so extensive so as to completely exclude all the students, who have obtained degree from the institution of other States, i.e. total exclusion. In support thereof he has placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Dr. Sachin D. Kulkarni and others v. State of Maharashtra and others, (1989) 2 SCC 250.

(c) There is no reasonable justification for accepting the degree of B.Ed. granted by the Universities situate outside the State, while refusing the B.P.Ed., C.P.Ed. and D.P.Ed. degree granted by University situate outside the State. It is stated that in some cases the B.Ed. and B.P.Ed. and D.P.Ed. degrees have been granted by the same University situate outside the State.”

On behalf of the State, reliance was placed on the judgment in the case of Rajeshwar Singh v. State of U.P. and others (Writ Petition No. 2856 (M/S) of 2004, where the following question was referred for consideration of the Full Bench :

“1. In Upendra Rai’s case reported in 2000 (2) UPLBEC 1340, the Division Bench of this Court has held that the restrictions imposed