Nov - High Court of Judicature at Allahabad

3 All] Smt. Sadhana Singh V. State of U.P. and others 987
regulated by the U.P. Basic Education
Teachers Service Rules, 1981. He
submits that the State Government in its
wisdom had decided to permit admission
to Special BTC Course to only those
candidates who have a Degree of B.Ed.
from duly established Degree Colleges
which have been approved for B.Ed.
Course by the NCTE. It is clarified that
NCTE Act, 1993 has been promulgated
by the Parliament for regulating the
standards of teachers training for
appointment from the stage of Nursery
schools to the stage of Secondary
Education throughout the country. If the
State Government insists that a candidate
for admission to BTC Special Course
must have obtained his B.Ed. Degree
from NCTE Recognized College, it
cannot be said that such condition is
arbitrary. It is clarified that the State is
presumed to know that the NCTE Act is
not applicable to the State of Jammu &
Kashmir and, therefore, it has
conscientiously decided to exclude the
candidates like the petitioners who have a
Degree from institutions which cannot be
granted recognition by NCTE.
6. I have heard learned counsel for
the parties and have gone through the
records of the present writ petition.
7. The State legislature by means of
U.P. Basic Education Act, 1972 has
constituted U.P. Basic Shiksha Parishad
which in turn has established Parishadiya
Vidyalayas throughout the State of U.P.
for imparting education from classes
Nursery to Class VIII. The institutions
have been categorized as Nursery
Schools, Junior Basic Schools and Senior
Basic Schools (herein after referred to as
as Basic Schools). For appointment of
teachers in these Basic Schools a set of
statutory Rules have been framed namely
U.P. Basic Education (Teachers) Service
Rules, 1981 (herein after referred to as
Rules of 1981) in exercise of power under
Section 9 of the U.P. Basic Education
Act, 1972. Rule 8 of the Rules of 1981
lays down the essential qualification for
appointment of Assistant Master and
Assistant Mistress of Basic Schools.
According to it a candidate has to be
possessed of Bachelor's Degree from a
University established by law in India
together with Teachers Training
qualification namely a Basic Teacher's
Certificate, HTC etc. or any other training
qualification recognized by the
Government as equivalent thereto.
8. Thousands of post of Assistant
Teacher in Basic Schools are vacant due
to non-availability of candidates having
Basic Teacher's Training Certificate
(BTC), HTC etc.
9. The Basic Training Course is
offered by District Institute of Education
and Training (herein after referred to as
the DIET) established by the State in
different districts. However, the intake of
the students for imparting training in
respective DIET's is limited. The number
of candidates who have regular Basic
Teachers Training is too meager to cope
with the requirement of Assistant
Teachers in Basic School. To meet the
requirements of Assistant Teacher in
basic schools, the State formulated a
scheme for imparting Special Basic
Training to the candidates, who are
already B.Ed., knows as Special Basic
Training Course. The case in hand relates
to Special Basic Training Course 2007.
10. The Parliament has enacted the
National Council for Teacher Education