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3. The U.P. Basic Education Act, 1972, provides for establishment of Board of Basic Education to organise, co-ordinate and control basic education in U.P. to establish and control schools for basic education and teachers training, to raise standards and co-relate it with primary education in the State. All the basic schools in the State up to VIIIth standard, except those which are being run by private institutions are under direct supervision and control of the U.P. Basic Education Board.

4. There is acute shortage of teachers in basic schools run by the Board. The Central and State Governments have accepted the responsibility to provide free and compulsory education to all the children up to age of 14 years, to fulfil the objectives under Article 45 of Constitution of India, and the directions of the Apex Court in Unni Krishnan's case. The State Government, however, does not have infrastructure and facility to train sufficient number of teachers to fill up more than 10,000 vacancies every year. The fifty six District Institutes of Education and Training run by the State Government, have a total capacity to train only to 5600 persons in the two year regular, course of Basic Teacher's Training. Faced with this situation in the year 1998, the State Government provided for a special condensed bridge course for basic teacher's training for B.Ed./L.T. qualified graduates. About 8000 candidates were selected, trained and were given appointments. The vacancies increased gradually and that by Government Order dated 3.8.2001 it was decided to select about 20,000 graduates with higher teaching qualifications like B.Ed./L.T. The Government Order dated 3.8.2001 proposed a condensed course for Basic Teachers' Training. By a subsequent Government Order dated 20.8.2001 the candidates with Bachelor of Physical Education Degrees, Diplomas and Certificates with under graduate degrees were also made eligible increasing the maximum age to 40 years. These selections, however, fell into rough weather and that this Court set aside the entire selections on 21.3.2002 on the ground that the course was not recognised by the National Council of Teachers' Education established under the National Council of Teachers' Education Act, 1993, and was not the qualification provided under the U.P. Basic Education (Teachers) Services Rules, 1981, made under Section 19 (1) of the U.P. Basic Education Act. The Court found that the reservations of 50% for female candidates were violative of Articles 15 and 16 of Constitution of India and that the selections should have been made at the State level and not at the district level causing discrimination with similarly situate candidates. In Special Appeal No. 404 of 2002 between State of U.P. v. Anant Kumar Tiwari and Ors., decided on 23.11.2002 reported in 2002 AWC 2060, a Division Bench of this Court upheld the judgment and all the grounds except that the reservations for female candidates was violative of Articles 14 and 16 of Constitution of India.

5. In paragraph 37 of the judgment in Anant Kumar Tiwari's case, the Court accepted the statement of learned Chief Standing Counsel that no one was declared selected in the selections of 2001, and that no appointment was made in pursuance of the process of selection. The entire selections were consequently cancelled.

6. In the meantime the vacancies increased, and that in the year 2003 the State Government worked out these vacancies at 46189. The State Government applied to National Council of Teachers' Education for permission to conduct the special bridge course, The Council vide its letter dated 29.3.2002 gave its approval to organise the special B.T.C. Programme of six months duration including three months' practical training. On a request made by the Regional Director of the Northern Regional Committee of the Council, Jaipur on 6.3.2003, the National Council, Committee considered the matter and approved the programme subject to conditions given in its letter dated 24.7.2003. These conditions are quoted as below :