JUDGMENT :

Chandra Dhari Singh, J

1. As common questions of law and facts arise in all writ petitions and as such all these writ petitions are being decided together by this common judgment and order.

2. In the instant bunch of writ petitions, all petitioners have assailed the validity of the Rule (14(1)(a) of the U.P. Basic Education (Teachers) Service Rules, 1981, (in short 1981 Rules') which provides the appointing authority to invite applications from candidates possessing prescribed training qualification from the district concerned.

3. Petitioners, inter alia, have also challenged the condition 6 (Kha) as contained in the guideline dated 26.12.2016 issued by the Secretary, U.P. Basic Shiksha Parishad, Allahabad to the extent that the candidates doing B.T.C. Training shall be allowed to apply in the district of their training alone in the first instance. They have also prayed that they may be permitted to appear in the counselling of the other district of their choice removing "District Preference".

4. Brief facts of the case are that vide Government Order No.3300/79-5-201604127/2013 dated 15.12.2016, a selection process for appointing 12,460 Assistant Teachers in the Primary Schools run under U.P. Basic Shiksha Parishad, Allahabad was initiated. In pursuance of the aforesaid Government Order dated 15.12.2016, the Secretary, U.P. Basic Shiksha Parishad, Allahabad issued a Letter No.Ba.Sh.Pa./12836 -12932/2016-17 dated 20.12.2016 declaring the schedule as also the vacancies in the districts across the State of U.P. A guideline was also issued by the Secretary, U.P. Basic Shiksha Parishad, Allahabad in pursuance to the Government Order dated 15.12.2016. Thereafter, in compliance of the letter dated 20.12.2016, online applications were invited from the eligible candidates for the post of Assistant Teachers by the respective District Basic Education Officers. All the petitioners have applied in various districts against notified vacancies.

5. Vide Circular No.Ba.Sh.Pa./16887 -17056/1216 -17 dated 02.03.2017, the Secretary, U.P. Basic Shiksha Parishad, Allahabad had issued a definite schedule fixing 18.03.2017 to 20.03.2017 for First Counselling, 25.03.2017 for Second Counselling and 31.03.2017 was fixed for issuing appointment letters. In paragraph 2 of the Circular dated 02.03.2017, it has been provided that only such candidates shall be called for counselling in the district who have completed Training (B.T.C., V.B.T.C., Urdu B.T.C.) from the very district.

6. Petitioners have submitted on-line applications against the notified vacancies at various districts. Vide Circular No.Ba.Sha.Pa./16887-17056/1216-17 dated 02.03.2017, the Secretary, U.P. Basic Shiksha Parishad, Allahabad has issued a definite schedule fixing 18.03.2017 to 20.03.2017 for first counsel, 25.03.2017 for second counselling and 31.03.2017 for issuing appointment letters. In para 2 of the said Circular, it is provided that only such candidates shall be called for counselling in the district who have done Training (BTC, VBTC, Urdu BTC) from the very district.

7. The instant bunch of writ petitions has been filed by petitioners with the object that the children are entitled for good quality of education under the provisions of Free and Compulsory Education Act, 2009 and the same cannot be achieved without appointing meritorious candidates.

8. Sri Anil Tiwari, learned Senior Advocate assisted by Sri Apoorva Tewari along with other learned Advocates appearing for petitioners has contended that the fundamental right to free and compulsory education to all children of 6 to 14 years of age is guaranteed by Article 21-A of the Constitution of India. The purpose of enacting Free and Compulsory Education is to provide good quality of education to the children but the same cannot be achieved without appointing meritorious teachers. If the procedure adopted for appointing Assistant Teachers fails to ensure the appointments of meritorious Teachers, it depicts arbitrariness and hi