BHUPENDRA NATH TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) THE National Council for Teacher Education, constituted under the National Council for Teacher Education Act, 1993, granted permission to the State of U.P. to impart a special primary teacher training course, i.e., Special Basic Training Course 2007 to the candidates, who are already B.Ed., to enable the State of U.P. to fill up more than 60 thousand vacant posts of primary teacher, which remained unfilled due to non availability of candidates having the primary teacher training certificate.

(2.) WHETHER the candidates, who obtained B.Ed. from the institutions recognised by the National Council for Teacher Education after the enforcement of National Council for Teacher Education Act, 1993, are alone eligible to apply for Special Basic Training Course 2007 or those candidates who either obtained B.Ed. degree prior to enforcement of National Council for Teacher Education Act, 1993 from the Universities recognised by the University Grant Commission or obtained degree after the enforcement of National Council for Teacher Education Act, 1993 from the Universities recognised by University Grant Commission, during the period when the application of the institutions/Universities seeking recognition under the National Council for Teacher Education Act, 1993 remained pending consideration by NCTE, are also eligible to apply for Special Basic Training Course 2007, are the questions, which have come up for consideration before this Bench.

(3.) BRIEF facts necessary for answering the questions referred to this Bench are; In State of U.P. more than sixty thousand posts of Assistant Teacher in primary institutions run by U.P. Basic Shiksha Parishad are laying vacant. The right of education for the children from 6 to 14 years being fundamental right under Article 21-A of the Constitution of India, the State is obliged to provide for imparting education to children from 6 to 14 years. For appointment of teachers in primary institutions a set of rules have been framed, namely, U.P. Basic Education (Teachers) Service Rules, 1981 in exercise of power under the U.P. Basic Education Act, 1972. Rule 8 of the U.P. Basic Education (Teachers) Service Rules, 1981 provides for appointment of Assistant Master and Assistant Mistress of Junior Basic Schools, according to it a candidate has to possess bachelor's degree from an University established by law in India together with training qualification consisting of a basic teacher's certificate or any other training course recognised by the Government as equivalent thereto. In State of U.P. more than sixty thousand posts of Assistant Teacher in primary institutions are vacant due to unavailability of candidates having basic teacher's training certificate (B.T.C.) or any other training certificate recognised by the State. In State of U.P., basic training course is imparted in District Institute of Education and Training (hereinafter referred to as the DIET) run by the State in different districts. However, the capacity to impart training in respective DIET's being limited, the number of candidates, who have been imparted regular basic training course are too meagre to cope with the requirement of Assistant Teachers in various institutions. To cope with the requirement of filling up the posts of Assistant Teacher in basic institutions, the State of U.P. has formulated a scheme for imparting Special Basic Training to the candidates, who are already B.Ed., such exercise was undertaken in the year 1998, 2004 and 2007. The case in hand relates to Special Basic Training Course 2007. The Parliament has enacted the National Council for Teacher Education Act, 1993 according to which permission is required for starting any new course or training by recognised institutions. The State of U.P. forwarded a proposal for permitting it to impart Special Basic Training Course to the candidates, who are already B.Ed., in recognised DIETs of State of U.P. so as to make available the candidates eligible to be appointed in more than sixty thousand posts of Assistant Teacher, which are laying vacant in the State of U.P. On the proposal sent by the State of U.P., the Regional Committee of the National Council for Teacher Education granted permission vide its order dated 27th June, 2007 for imparting Special Basic Training Course to the candidates, who are already B.Ed., of a duration of six months' course. The State of U.P. issued a Government order dated 10th July, 2007 with regard to Special Basic Training Course 2007 providing for guidelines and conditions for imparting Special Basic Training Course 2007. One of the conditions contained in the Government order, relatingh to minimum educational qualification, mentioned that for Special Basic Training Course 2007 the minimum educational qualifications shall be graduation with B.Ed. from any recognised college run by State/Central Government and approved by the National Council for Teacher Education (hereinafter referred to as the NCTE). In pursuance to the Government order dated 10th July, 2008 advertisement was issued on 18th July, 2008 by different DIETS inviting applications from the eligible candidates for Special Basic Training Course 2007. The advertisement mentioned graduation from an University established by law and recognised by University Grant Commission and B.Ed. from recognised training institute from NCTE as essential qualification.