JUDGMENT :

1. Heard Sri Hari Narain Singh learned Senior Advocate assisted by Sri Rishabh Srivastava learned counsel for the petitioners, Sri A.K.S. Parihar learned Advocate for the respondent no. 3 and Sri Sudhanshu Srivastava learned Additional Chief Standing Counsel appearing for the State respondents.

2. The petitioners herein have obtained Bachelors Degree in various disciplines of B.Tech (Bachelor of Technical Education) from the technical institutions recognized by All India Council of Technical Education (In short "AICTE"), affiliated with the Technical Universities. They claim of having studied Mathematics and Science as the subjects in the B.Tech course. They also claim to have obtained B.Ed (Bachelor of Education) degree from the institutions recognized by the National Council of Teacher Education (In short "NCTE").

3. The contention is that the petitioners are eligible for appointment to the post of Assistant Teacher (Trained Graduate Teachers) (In short "T.G.T") in Mathematics and Science, to teach students upto the Secondary level, i.e. Classes IX & X, being qualified as per the regulations framed by NCTE providing minimum qualification for appointment to the said post.

The vires of the Rule 5 of the Uttar Pradesh Secondary Education Services Selection Board, Rules, 1998 (hereinafter referred to as "the Rules, 1998") and Appendix 'A' as contained in Chapter II of the regulations framed under the Uttar Pradesh Intermediate Education Act, 1921 (hereinafter referred to as "the Act, 1921") is sought to be challenged on the ground that the qualifications prescribed therein for selection/appointment of Trained Graduate Teachers in Mathematics and Science is inconsistent with Section 12-A of the National Council of Teacher Education Act, 1993 (In short "NCTE Act") readwith the National Council for Teacher Education (Determination of Minimum Qualifications for persons to be recruited as Education Teachers and Physical Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges) Regulations, 2014 (hereinafter referred to as "the NCTE Regulations, 2014).

Further prayer in the writ petition is to quash the qualification prescribed in Appendix 'A' of Chapter II of the Regulations framed under the Act, 1921 for Trained Graduate Teachers in subjects Mathematics and Science and further to incorporate qualifications as provided in Regulations, 2014 framed by NCTE.

4. By means of the amendment application, the petitioners also challenge the Advertisement No. 01/2021 dated 15.3.2021 published by the U.P. Secondary Education Service Selection Board, Prayagraj for the posts of Assistant Teacher (Trained Graduate Grade) in the subjects Mathematics and Science.

5. It is argued by Sri Hari Narain Singh learned Senior Advocate for the petitioners that the challenge raised herein is substantiated from the bare perusal of the statement in the short counter affidavit filed on behalf of respondent no. 1. In the said affidavit, respondent no. 1 had admitted that the qualification prescribed in Appendix 'A' of Chapter II of the Regulations framed under the Intermediate Education Act is not in conformity with the prescribed qualifications for the post of Assistant Teachers in the NCTE Regulations 2014. As per the disclosure made therein, the proposal of the Board of High School and Intermediate Education, Prayagraj dated 26.11.2020 has been returned back with certain objections and the State requires time (preferably six months) to complete the process to bring the Rule 5 of the Rules, 1998 and Appendix 'A' of Chapter II of the Regulations framed under the Act, 1921 in conformity with the NCTE Act, 1993 and NCTE Regulations, 2014.

It is argued that in view of the admission of the State respondents that the prescribed minimum qualifications in Appendix 'A' of Chapter II of the Regulations framed under the Act, 1921 is not in conformity with the NCTE Regulations, 2014, the Selection Board ca