STATE OF UP Vs. BHUPENDRA NATH TRIPATHI

JUDGEMENT

(1.) Leave granted.

(2.) The State of Uttar Pradesh and its authorities are in appeal before us challenging the correctness of the judgment rendered by a Full Bench of the High Court of Judicature at Allahabad whereby and whereunder the High Court held that the restriction as contained in the Government Order dated 10th July, 2007 limiting the eligibility to apply for Special Basic Training Course 2007 only to such of those candidates who have passed B.Ed. from the institutions recognized by the National Council for Teacher Education (NCTE) as arbitrary and unreasonable. The High Court held that the exclusion of candidates from the field of eligibility for the said course who have obtained B.Ed. degree prior to enforcement of National Council for Teacher Education Act, 1993 (for short the Act) or after the enforcement of the Act during the period when the application of any institution or University was pending consideration is arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India.

(3.) In order to appreciate as to whether the impugned judgment rendered by the Full Bench suffers from any infirmities requiring our interference, few relevant facts may have to be noticed: