Hon’ble Ashok Bhushan, J.—All these special appeals filed against the same judgment of learned Single Judge dated 16.1.2013 being connected, have been heard together and are being decided by this common judgment. The appellants possessing B.Ed. qualification and Teachers Eligibility Test had applied against 72,825 posts of Teachers of primary schools advertised on 30.11.2011, which selection was to take place on the basis of marks obtained in Teachers Eligibility Test, filed the writ petitions challenging the decision of the State Government by which Teachers Eligibility Test was decided to be only a minimum qualification and not the basis of selection. The petitioners had also prayed for completion of selection process on the basis of advertisement dated 30.11.2011. Learned Single Judge although held that neither criteria for selection can be changed after start of selection process nor there was sufficient reason for not proceeding with the selection advertised on 30.11.2011, denied the relief to the petitioner-appellants only on the ground that there being no cadre of ‘Trainee Teacher’ under the U.P. Basic Education (Teachers) Service Rules, 1981, the advertisement dated 30.11.2011 itself was invalid. The appellants aggrieved by the judgment of learned Single Judge have come up in these appeals.

Facts:

2. The background facts giving rise to filing of the writ petitions need to be noted for deciding the issues, which have arisen for consideration in this bunch of special appeals. U.P. Basic Education Board constituted under the U.P. Basic Education Act, 1972 (hereinafter referred to as ‘1972 Act’) is running various junior basic schools and Senior basic schools from classes I to VIII. The criteria and procedure for selection is regulated by the U.P. Basic Education (Teachers) Service Rules, 1981 framed under the 1972 Act. For achieving planned and co-ordinated development of the teacher education system throughout the country and for the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith, the National Council for Teachers Education Act, 1993 was enacted by Parliament (hereinafter referred to as 1993 Act). The Right of Education having been recognised as a fundamental right under the Constitution of India and the State being responsible to provide free and compulsory education to the children up to 6 to 14 years, Parliament enacted the Right of Children to Free And Compulsory Education Act, 2009. Under Section 23 of 2009 Act the National Council for Teacher Education has been authorised by the Central Government to lay down minimum qualifications for appointment of teachers. The National Council For Teacher Education vide notification dated 23.8.2010 laid down various qualifications for appointment of teachers. Passing of Teachers Eligibility Test has been laid down as one of the qualifications, which is to be possessed by a candidate for appointment as a teacher. Under clause 3 of the notification dated 23.8.2010, candidates having B.Ed. qualification have also been treated as eligible provided they are imparted six months’ special training programme in the elementary education. On 11.2.2011, the National Council For Teacher Education issued guidelines for conduct of Teachers Eligibility Test which further provides for giving weightage to the marks of the Teachers Eligibility Test in the recruitment of teachers. On 9.11.2011, 1981 Rules were amended by 12th Amendment Rules incorporating passing of Teachers Eligibility Test as one of the minimum qualifications in the 1981 Rules. Rule 14(3) as amended further provides that selection shall be made on the basis of marks in the Teachers Eligibility Test. On 13.11.2011 Board of Highschool and Intermediate Education U.P. conducted the Teachers Eligibility Test examination in which several lacs of candidates participated. On 25.11.2011 result of Teachers Eligibility Test was declared. All the appellan