This batch of writ petitions raises substantially similar issue of law and facts. The writ petitions can, therefore, be conveniently disposed of by a common judgment.

2. All the petitioners in the present batch of writ petitions were the candidates for appointment to the post of Assistant Teachers in the Basic Schools in pursuance of a Government Order dated 27th September, 2011. They have instituted the present writ proceedings for issuance of a direction upon the respondents to grant them appointment as trainee teachers in Junior Basic Schools run by the Uttar Pradesh Board of Basic Education Board.

3. In pursuance of a Government Order dated 27th September, 2011 total 72,825 posts of Assistant Teachers in Primary Schools run by the Board were advertised on 30th November, 2011. The said selection was to take place on the basis of the marks obtained in Teacher Eligibility Test TET only. The advertisement and subsequent Government orders in respect of the said recruitment became subject matter of a series of litigation which culminated in the judgment of the Supreme Court in Civil Appeal Nos. 4347-4375 of 2014, State of U.P. and others v. Shiv Kumar Pathak and others, dated 25th July, 2017.

4. The brief facts which are necessary to dispose of this batch of petitions are recapitulated as under:

In the State of Uttar Pradesh, prior to coming into force the Uttar Pradesh Basic Education Act, 1972, the basic education was governed under the provisions of the United Provinces Panchayat Raj Act, 1947, the Uttar Pradesh Municipalities Act, 1916 and the Uttar Pradesh Municipal Corporations Act, 1959. It was felt by the State Government that these institutions are not being properly conducted and run by the local bodies for various reasons, therefore, it became necessary for the State Government to take over its control into its own hands for reorganising, reforming and expanding elementary education.

5. Accordingly, in the year 1972, the Act, 1972 i.e. the Uttar Pradesh Basic Education Act, 1972 (U.P. Act No. 34 of 1972) was enacted to streamline the basic education in the State with an object to achieve the goal of directive principles of the State enshrined under Article 45 of the Constitution of India. All the institutions run in the rural areas and urban areas conducted by the Zila Parishads and Municipal Corporations were transferred to the Board under Section 9 of the Act, 1972. The services of the teachers and non-teaching staff of such institutions also stood transferred to the Board.

6. The State Government exercising its power under Section 19 of the Act, 1972 framed the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981. The said Rules of 1981 provides the procedure for recruitment, qualification and other service conditions of the teachers.

7. All the teachers in the Basic Schools run by the Board were appointed in terms of the qualification prescribed in the Rules, 1981 upto the year 1993.

8. In the year 1993 the Parliament enacted the National Council for Teacher Education Act, 1993. The object of the NCTE Act is to establish a National Council for Teacher Education6 with a view to achieving planned and co-ordinated development for the teacher education system throughout the country. Section 31(1) of the NCTE Act confers the rule-making power upon the Central Government. Section 32 thereof empowers the NCTE to frame regulations to carry out the object of the NCTE Act.

9. Regard may be had to the fact that the NCTE, after the enactment of the NCTE Act, exercising its power under Section 32 of the NCTE Act, on 04th September, 2001 framed the National Council for Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (NCTE Regulations, 2001). The NCTE Regulations, 2001 lays down the essential qualification for appointment to the post of teachers in Basic Schools including elementary schools imparting instructions at Junior Basic Schools and Senior Basi