The main legal point established in the judgment is that the exemption of Teacher Eligibility Test to Shiksha Mitras was ultra vires and illegal, as it compromised the quality of education and violated the statutory qualifications under the National Council For Teacher Education Act, 1993 and Right of Children to Free and Compulsory Education Act, 2009.

Sharad Kumar Sharma, J.

1. The instant appeal has been preferred by the appellant questioning the veracity of the judgment dated 19.11.2016 passed by the learned Single Judge in W.P. No.1576/2016 “Lalit Kumar & others V/s State of Uttarakhand & others”, whereby the learned Single Judge had held that the amendment made in 2012 Rules by virtue of an amendment made in 2014 by incorporating Chapter 11 and Rule 32 were declared as ultra vires, as being unconstitutional and violative of Article 14, 16 and 21-A of the Constitution of India.

2. The appellants filed an application for leave to appeal (though not supported by an independent applicant) as well as the delay condonation application. Yet we considered application and looking to wider interest of justice, both are being allowed. The appeal was admitted by the order dated 19.7.2017, delay was condoned and thereafter the appeal became ripe for final hearing and are being heard finally.

3. The issue involved in the instant appeal is identical to the issue agitated by Special Appeal No.351/2016, Special Appeal No.353/2016 and Special Appeal No.378/2016. All these appeals since involving a common question of fact and law they are being decided together for the purposes of brevity, the present judgment would govern the other connected appeals referred above.

4. In divided State of U.P., an identical controversy arose which was adjudicated by virtue of a judgment rendered by Allahabad High Court on 12.9.2015 in Writ Appeal No.34833/2015, whereby the Allahabad High Court had allowed the writ petition and issue the following directions:-

“(i) The amendment made by the State Government by its notification dated 30 May 2014 introducing the provision of Rule 16-a in the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 by the Uttar Pradesh Right of Children to Free and Compulsory Education (First Amendment) Rules 2014 is held to be arbitrary and ultra vires and is quashed and set aside.

(ii) The Uttar Pradesh Basic Education (Teachers) Service (Nineteenth Amendment) Rules, 2014, insofar as they prescribe as a source of recruitment in Rule 5 (2) the appointment of Shiksha Mitras, the academic qualifications for the recruitment of Shiksha Mitras in Rule 8 (2) (c) and for the absorption of Shiksha Mitras as Assistant Teachers in junior basic schools under Rule 14 (6) are set aside as being unconstitutional and ultra vires, and

(iii) All consequential executive orders of the State Government providing for the absorption of Shiksha Mitras into the regular service of the State as Assitant Teachers shall stand quashed and set aside.”

5. Before the Allahabad High Court the factual matrix which was agitated was that under the U.P. Basic Education Act, 1972, it was enacted with an intention to regulate the basic education. The said Act under Section 19 granted the Rule making powers authorizing the State Government frame rules so as to carry out the purpose of the Act. Thus the U.P. Basic Education Rule of 1981 were framed, it dealt with the source of appointment and qualification for appointment of teachers and other service conditions related thereto.

6. In the meantime the National Council For Teacher Education Act, 1993 was enacted by the Parliament with a purpose to be achieved of a planned and coordinated development of teachers in the education system of the country. Simultaneously another Legislation, which came into existence was Right of Children to Free & Compulsory Education Act, 2009 which made mandatory that the students form the age of 6 to 14 were entitled for free and compulsory education, which was duly casted on Courts under Article 41 of the Constitution.

7. Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 provided for qualification for appointment of teachers. National Council For Teacher Education Act, 1993 was redesigned as an authority under Section 23 (1) to lay down the qualification for appointment of teachers.

8.