G. P. Mathur, J. - (1.) Leave granted.
(2.) The question which requires consideration in this bunch of special leave petitions and writ petitions is whether Regulations 5(e) and (f) framed by National Council for Teachers Education (hereinafter referred to as the Council) are ultra vires the provisions of National Council for Teacher Education Act, 1993 (hereinafter referred to as the Act).
(3.) We will briefly refer to the facts of SLP (C) No. 2421 of 2001 which is the leading case. The appellant claims to be a Christian Minority Teacher Training Institute and is run and managed by the Tamil Nadu Educational Trust which is engaged in the field of education since 1989. The petitioner made an application to the Regional Director, National Council for Teacher Education (Southern Committee) Bangalore, seeking permission for starting a course in Elementary Education Training in the year 1999-2000. The respondents sent a letter dated August 18, 1999 stating that unless the State Government issued a "No Objection Certificate" (hereinafter referred as NOC) the application of the petitioner shall be treated as incomplete and shall not be considered. The petitioner then filed a writ petition before the High Court of Karnataka praying that a writ of certiorari be issued for quashing the order dated August 18, 1999 issued by Regional Committee and further that Regulations 5(e) and (f) insofar as they direct obtaining of a NOC from the State Government be struck down as unconstitutional and a direction be issued to the Regional Director to consider the application of the appellant without insisting upon a NOC from the State Government. A single Judge of the Karnataka High Court had held that Regulations 5(e) and (f) were ultra vires in another matter and against the said judgment the Council had preferred an appeal before the Division Bench of the High Court. The writ petition preferred by the appellant was heard along with the aforesaid appeal. After hearing the parties the Division Bench allowed the appeal filed by the Council and set aside the order of the learned single Judge by which the Regulations were held to be ultra vires and invalid. Consequently, the writ petition filed by the appellant was also dismissed. The connected writ petitions have been filed under Art. 32 of the Constitution praying that the Regulations 5(e) and (f) be declared as unconstitutional and invalid and a direction be issued to the respondents to consider the application moved by the petitioners for grant of recognition for starting a teacher training course without insisting upon a NOC from the State Government as provided in the aforesaid Regulations.;