- (1.) INTRODUCTION: All these Writ Petitions throw up a common question of law of considerable importance insofar as teacher education in general and teacher education offered by Nagarjuna University, Guntur, for the purpose of B.Ed., third Methodology course in particular, and hence they are being disposed of by a common order. Be it noted, after National Council for Teacher Education Act, 1993 (Central Act No.73 of 1993) (hereafter called, NCTE Act), the entire field of teacher education is occupied by parliamentary Legislation. As per the provisions of the NCTE Act no educational institution can offer a course in teacher education without prior permission/ recognition of such institution nor any educational institution can offer B.Ed., course with the syllabus or curriculum which is contrary to the one prescribed by National Council for Teacher Education (NCTE). As at present, B.Ed., course consists of theory papers as well as practicals. The practical course is with reference to teaching methodology in two school subjects, like English, Telugu, Hindi as one subject and either Physical Sciences, Biological Sciences or Mathematics or Social Sciences as another. Every candidate aspiring for a Degree of B.Ed., (Graduate in Teacher Education) is required to study and pass' practicals in two subjects, which otherwise called two methodologies. BACK GROUND FACTS:
(2.) From the year 2002-2003, it appears at least three Universities in the State of Andhra Pradesh, namely, Andhra University, Visakhapatnam, Kakatiya University, Warangal, and Nagarjuna University, Guntur, started offering a course in B.Ed., third Methodology to those persons who already hold B.Ed., Degrees. The purpose appears to be to enable B.Ed., graduates to complete third Methodology course so that they can have better prospects in their career. For instance, B.Ed., graduate with English and Mathematics as methodology subjects may feel stagnated in his employment and he may desire to do a third Methodology course say in Physical Sciences for which he is qualified. By passing third Methodology of their choice, candidates generally perceive that it is sure method of getting promotion earlier than what is expected either as B.Ed., Assistant if he is working as Secondary Grade Assistant, or Selection Grade B.Ed., Assistant if he is already working as B.Ed., Assistant.
(3.) Nagarjuna University (hereinafter called, the University), sole respondent in many of the Writ Petitions, issued a Notice/ Notification dt.10-8-2002, which was published in all the leading newspapers. The University invited applications from eligible candidates for grant of exemption from production of prescribed attendance certificate so as to appear privately for B.A., B.Com., M.A., M.Com., M.Sc., (Mathematics), L.L.M., P.G. Diploma in Law and B.Ed., (Third Methodology) examinations to be held in March/April 2003. The lest date for submission of duly filled prescribed application forms was 16-10-2002. All the petitioners are either Graduates or Post Graduates. They also have B.Ed., degree from various universities. In some cases the petitioners have obtained M.Ed degree. Most of them are also working as Teachers in various schools. All of them obtained prescribed applications from the University for private appearance in B.Ed., (third methodology). Along with the applications they also received private study prospectus (hereinafter called, prospectus regulations) sent by the University which gives details regarding qualifications and eligibility criteria for granting exemption for private study in various courses mentioned hereinabove. Insofar as B.Ed., third Methodology is concerned, the prospectus contained the following regulation: The candidate must be a B.Ed., graduate of Nagarjuna University. B.Ed., graduates of other Universities are not eligible. The candidate should be a graduate in the subject concerned for which he/she is applying for Third Teaching Method. Exam. Centre: The candidates have to appear for theory and practical examinations where they studied and competed B.Ed., Degree Course earlier.;