LexSTATE OF U.P. & ORS. versus BHUPENDRA NATH TRIPATHI & ORS.
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(2010] 13 (ADDL.) S.C.R. 483 STATE OF U.P. & ORS. v. BHUPENDRA NATH TRIPATHI & ORS. (Civil Appeal Nos. 9481-9483 of 2010) OCTOBER 29, 2010 [S. SUDERSHAN REDDY AND SURfNOER SINGH NIJJAR, JJ.] NATIONAL COUNCIL FOR TEACHER EDUCATION A B ACT, 1993: C s. 14 - Recognition of Institutions offering course/training in teacher education - Special B TC Course in State of Uttar Pradesh - Eligibility - Order dated 10. 7. 2007 specifying conditions for Special BTC course 2007 as B. Ed. from any 0 recognized college run by State/Central Government and approved by NCTE - Some of the candidates selected, but not sent for training on the ground that the institution from which they secured B. Ed degree were not recognized by NCTE - HELD: NCTE Act provides for the recognition of the institution offering course or training in teacher education and E does not speak about recognition of the degrees granted by the institution prior to the Act coming into force - Thus, degrees granted by the institutions already in existence offering a course or training in teacher education shall be deemed to be at par with the degrees or certificates granted F by the recognized institutions after the commencement of the Act provided those institutions in f3Xistence offering the course also received recognition under the Act - State Government can not make any distinction between the degrees obtained from existing institutions prior to the Act coming into force but G received recognition after the commencement of the Act aI?d the degrees obtained from the recognized institutions after the Act comes into force - The impugned action of the State results in the classification or division of numbers of a 483 H 484 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R. A homogenious group and subjecting them to differential treatment without any rhyme or reason - Once the recognition is granted by the Regional Committee to the Institution offering a course or training in teacher education, the same shall relate back to the date of filing of the application - B However, the candidates who had received degrees from the institutions whose applications for recognition wen~ ultimaffJIY rejected by NCTE stand entirely on a different footing - Constitution of India, 1950 - Articles 14 and 16 rlw 21-A - Government of Uttar Pradesh Order dated 11. 7. 2007. c Constitution of India, 1950: Articles 14 and 16 rlw Article 21-A - Right to education - HELD: State is bound to create necessary infrastructure and effective machinery, which includes appropriate and adequate D training to teachers from a duly recognized institute, for implementation of the right - National Council for Teacher Education Act, 1993. In order to fill up a large number of vacancies of E Assistant Teachers in primary institutions, the State Government of Uttar Pradesh formulated a scheme for imparting the Special 8TC course in District Institutes of Education and Training (DIET) to such of·those candidates who had the degree of 8.Ed. The State Government issued the order dated 10.7.2007; specifying F guidelines and conditions for the Special BTC Course, 2007, and providing, inter alia, minimum educational qualification as graduation with 8.Ed. from any recognized College run by State/Central Government and approved by National Councit for Teacher Education G (NCTE) under the provisions of the National Council for Teacher Education Act, 1993 (NCTE Act). Some of the candidates who had been selected and called for training received letters from the DIET, at the instance of th.e Director, NCTE, intimating them that in the relevant year, H the institutions from which they obtained the 8.Ed. STATE OF U.P. & ORS. v. BHUPENDRA NATH 485 TRIPATHI & ORS. degree was not duly recognized by NCTE and, therefore, A they were not eligible and could not be sent for Special BTC course. The candidates filed writ petitions and, ultimately, the Full Bench of the High Court held that exclusion of candidates from the field of eligibility for the said course who obtained B.Ed. degree prior to B enforcement of the NCTE Act or thereafter during the period when the application of any institution or University was pending consideration was arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India. c In the instant appeals filed by the State Government, the question for consideration before the Court was: whether only th
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