Sunil Hali, J. - (1.) THE applications were invited from the candidates possessing qualification of B.P. Ed, D.P. Ed. and C.P. Ed. for undergoing Special basic teaching training course vide notification dated 22.4.2004. The Petitioner in pursuance of this applied for the said course as he possessed Post Graduate Diploma in Physical Education from Purvanchal University, Jaunpur in the open category. His application was not considered on the ground that the diploma obtained by him was not recognized by the National Council for Teacher Education, Jaipur (in short NCTE).
(2.) THE case set up by the Petitioner is that he had obtained Post Graduate Diploma in Physical Education from a college affiliated to Purvanchal University, Jaunpur. The Central Government passed National Council for Teacher Education Act, 1993 (in short 'Act') which requires that the degrees obtained in B. Ed. @ D.P. Ed. are to be recognized by the NCTE. Only such candidates whose degrees are recognized by the NCTE will be eligible to undergo Special basic teaching course. Section 14 of the Act contemplates that any institution offering or intending to offer a course or training in teacher education on or after the appointed day may for grant of recognition under this Act make an application to the Regional Committee. Proviso to Section 14 provides that institution offering a course or training in teacher education immediately before the appointed day shall be entitled to continue such course or training for a period of six months if it has made an application for recognition within the stipulated period till the disposal of the application by the Regional Committee. It provides a mechanism by which the existing institutions offering course or training in teaching are required to seek recognition from the Regional Committee constituted under the Act. The proviso provides that where process for getting the recognition is underway, the institution is permitted to continue with such course or training for a period of six months. The disposal of application for recognition is not time bound. The Act provides that it is necessary to obtain recognition from the NCTE before the person who has requisite degree either B. Ed. or Post Graduate Diploma in Physical Education to undergo Special basic teaching training course. Section -14 provides that existing institutions offering course for training in teacher education can apply for recognition within stipulated period. However, the grant of recognition may not necessarily be decided within stipulated time. The institutions in such eventuality can re -start another course for a particular duration and seek recognition of the same by filing an application for recognition.
(3.) THE Petitioner in the present petition contemplates that he has obtained Post Graduate Diploma in Physical Education from an institution which is affiliated to Purvanchal University, Jaunpur which has applied for recognition under the Act. It is contended by him that his prayer for being considered for undergoing Special basic teacher training course has been rejected by the Respondents only on the ground that his degree is not recognized. The Petitioner claims that his case is squarely covered by Full Bench decision of this Court in Bhupendra Nath Tripathi and Ors. v. State of U.P. and Ors., (2009) 1 UPLBEC 1) decided in Special Appeal No. 858 of 2008. The following observations have been made by the Full Bench in the aforesaid judgment: From the above discussions, it is clear that the candidates, who have obtained degree during the period when the application for recognition was filed and pending cannot be said to be ineligible for applying Special Basic Training Course 2007. The continuance of the said courses have been expressly recognised in National Council for Teacher Education Act, 1993 itself. The different degrees including B. Ed. were being granted by the respective Universities by virtue of Section 22 of the University Grant Commissioner Act. The said power to grant and confer degree by University despite enforcement of National Council for Teacher Education Act, 1993 was continued subject to fulfillment of the conditions under proviso to Section 14(1). Such candidates cannot be excluded from consideration for Special Basic Training Course 2007. Moreso, as noticed above, the eligibility criteria for the candidates applying for Special Basic Training Course was ''already B. Ed.' and as observed above, the words ''already B. Ed.' used by NCTE while granting permission for running the course cannot be read as the words ''already B. Ed. from recognised institutions under the NCTE'. As noticed above, when the field is covered by Parliamentary enactment under Entry 66 of List -I, the State can exercise neither any legislative power on the subject, which are already covered under parliamentary enactment nor can exercise such power by any executive action.;