VISWA BHARTHI INSTITUTE Vs. STATE OF CHHATTISGARH
HIGH COURT OF CHHATTISGARH
VISWA BHARTHI INSTITUTE
STATE OF CHHATTISGARH
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(1.)THE petitioners have challenged the validity of chhattisgarh B. Ed. Pravesh Rules, 2006, framed by the State Government and published under Notification No. F5-5-20/2006 dated 20-4-2006. The challenge has been made on the ground of lack of competence on the part of State to make such legislation as the power to frame legislation in this regard has been vested with the Union under Entry 66 List-I of VIIth Schedule of the constitution. It has also been challenged on the ground that the Parliament has already framed legislation on the subject vide the national Council for Teacher Education Act, 1993 (for short "n. C. T. E. Act" or "act 1993")and the Statutes/ordinances framed thereunder and no power has been given to the state, therefore, the Rules are ultra vires of constitution as also the N. C. T. E. Act.
(2.)PETITIONER No. 1 is a Society duly registered under the relevant provisions of C. G. Societies Registrikaran Adhiniyam 1972. Petitioner No. 2 is the Director of petitioner no. 1 Society. Petitioner No. 1, with an intention to start in their institution B. Ed. , d. Ed. , and M. Ed. , courses, applied to respondent No. 2 and no-objection certificate was granted by respondent No. 2 in favour of the petitioner No. 2. Petitioner No. 1 had also applied for recognition to the statutory body constituted for the purpose of granting recognition to B. Ed. , D. Ed, and M. Ed. , courses as per the provisions of Sections 14 (1) and 15 (1) of the N. C. T. E. Act and the national Council for Teacher Education (for short "n. C. T. E. ") granted recognition to petitioner No. 1. Petitioner No. 1 thereafter made an application for temporary affiliation to Pt. Ravi Shankar Shukla University, raipur and the said University has also granted affiliation for B. Ed. , D. Ed. , and m. Ed, for 100 students for the (sic ).
(3.)THE petitioners have contended that after grant of No Objection Certificate (NOC), recognition and affiliation as above, they are entitled to give admission to 100 students in their institution in B. Ed, course, however, they cannot admit the students on their own since the persons who may be admitted in b. Ed, courses are the persons who have secured position in the merit list of the Pre-B. Ed. examination, that is an entrance test conducted by the Board and the admission has to be given after counselling in this regard. The State has organized the Pre-B. Ed. examination under the provisions of the chhattisgarh B. Ed. Pravesh Rules 2006, (hereinafter referred to as the Rules 2006)notified on 20-4-2006 which is ultra vires of the Constitution as the State has no authority to make such rules independently on the subject because only the Central Government can make such rules, and therefore, the said rules are ultra vires of the Constitution as also the N. C. T. E. Act. Taking all these pleadings the petitioners have prayed for quashing the Rules of 2006 and to issue an appropriate writ permitting the petitioners to admit the students in B. Ed, course as per the norms fixed by the N. C. T. E. only, without insisting for appearance in the Pre b. Ed, examination and participating in compulsory counselling organized by the State.
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