By the Court.—We have heard Shri Abhishek Srivastava, learned counsel for the petitioner-appellant. Shri R.A. Akhtar appears for the National Council for Teachers’ Education (NCTE)-respondent No. 3. Shri S.G. Hasnain, AAG has appeared for the State of U.P.

2. Cause shown for condonation of delay is sufficient. The delay condonation application is allowed.

3. The petitioner has obtained degree of B.Ed. from the Jammu and Kashmir University. They applied in the selections for Special BTC Training Course, 2007 designed specially for those, who have B.Ed. degrees, for training to fill up vacancies of teachers with primary school teachers training, after seeking approval of the NCTE. The petitioner was excluded from the selection on the ground that she has obtained B.Ed. degree from Jammu and Kashmir University.

4. The question whether the candidate, who had obtained B.Ed. degree prior to the enforcement of National Council of Teachers Education Act, 1993 or after the enforcement of the Act, during the period, when the application of the institution or university was pending consideration was referred to a larger Bench.

5. The Full Bench of this Court in Bhupendra Nath Tripathi and others v. State of U.P. and others, 2009(1) ADJ 232 (FB), held as follows :

“The exclusion of the candidates from the field of eligibility for Special Basic Training Course 2007, who had obtained B.Ed degree prior to enforcement of National Council for Teacher Education Act, 1993 or after the enforcement of National Council for Teacher Education Act, 1993 during the period when the application of the institution or the University was pending consideration is arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India, and that the above two categories of candidates are also eligible to participate in Special Basic Training Course 2007”.

6. In the judgment giving rise to this special appeal, learned Single Judge has held that though NCTE has taken a stand that the Degree/Diploma awarded by the State of Jammu and Kashmir will be valid for giving appointment in the rest of the country there was justification in the wisdom of the State Government to exclude those candidates who have not obtained B.Ed. Degree from the institute recognized by the NCTE. In the judgment, the Court has held that the candidates with a degree of B.Ed. from institutions in Jammu and Kashmir form a different class, and if such class of candidates have been excluded from consideration for admission to BTC Special Training Course, 2007 by the State Government, purposely, it cannot be said to be violative of Article 14 of the Constitution of India.

7. Learned counsel for the petitioner has filed supplementary affidavit annexing public notice of the State Universities published by the University Grants Commission on 25th August, 2010, the Universities in the State of Jammu and Kashmir including Jammu University, Jammu Tawi at Item No. 86, declared eligible for central assistance under the UGC Act, 1956 with effect from 1969. The Jammu University is one of the university recognized by the University Grants Commission.

8. Shri R.A. Akhtar, learned counsel appearing for the NCTE submits that the Council had taken clear stand in the year 2007 by issuing letter No. 49-21/2005/NCTE/(N&S) dated 31.5.2007 and letter No. 49-21/2005/NCTE/N&S dated 27th June, 2007 sent by Shri V.C. Tewari, Member Secretary to all Educational Secretaries of all State Governments/UTs as per list clarifying the stand of the Council. Both the letters are quoted as below :

“F.No.49-21/2005NCTE/(N&S) 31.5.2007

To

All Education Secretaries

All State Govts/UTs as per list

Sub. Issues related to validity of degree in teacher education obtained from the State of J & K

Sir,

The NCTE Act, 1993 extends to the whole of India except of State of J & K the issue of validity of degrees in teacher education obtained from the State of Jammu & Kashmir has been attracting the attention of NCTE and MHRDd for quite s