Arun Tandon, J. - (1.) ALL these writ petitions raise common questions of facts and law and as such have been tagged together and are being decided by means of this common judgment. Writ Petition No. 36619 of 2004 shall be treated to be the leading case and the facts mentioned in this judgment are with reference to the facts as stated in the said writ petition, counter and rejoinder affidavits filed therein.
(2.) THE petitioners in all these writ petitions claim to be the Management of unaided non -minority institutions imparting education in professional course of Bachelor of Education (hereinafter referred to as B.Ed.). All the institutions claim to have been granted approval/permission by the National Council for Teachers Education (hereinafter referred to as the Council) under National Council for Teachers Education Act, 1983 (hereinafter referred to as the NCTE Act). They further claim that they have been affiliated to respective Universities (examining bodies) established under the State Universities Act, 1973. The controversy in all these writ petitions is confined to mode and manner of admission of students in B.Ed, course in non -minority un -aided institutions which have permission from the Council for imparting education for B.Ed. Course.
(3.) TEACHERS Education Course for secondary level, generally known as B.Ed. is a professional course having 3 major components; (a) theoretical orientation, (b) School experience, and (c) Practical work. All the three components are prerequisite for competence of a teacher at the secondary level - In order to provide for a planned development system throughout the country the Parliament enacted the National Council for Teachers Education Act, 1993 (being Act No. 73 of 1993). With the enforcement of the aforesaid Act the establishment of professional institutions for the purposes of imparting education of teachers training, namely B.Ed. ect, has been regulated under the provisions of the aforesaid Act. Section 14 of the said Act specifically provides that for the purposes of establishing an institution offering a course or training in teachers education a recognition under the said Act from the Regional Committee constituted, would be mandatory and an order to that effect passed by the Regional Committee shall be published in the Official Gazette and communicated in writing. Section 14(6) of the said Act further provides that on receipt of the information of grant of recognition by the Council as aforesaid the examining body for B.Ed, (the University) shall grant affiliation to the institution Section 16 of the said Act further declares that notwithstanding anything contained in any other law no examining body shall grant affiliation to an institution which has not obtained recognition from the Regional Committee under Sections 14 and 15 of the said Act. In exercise of powers under Sections 14 and 15 read with Section 32 of the Act 73 of 1993 the National Council for Teachers Education has framed norms and standards for carrying out the purposes of the Act known as Teachers Education Institution Regulations (Secondary), 2001. The schedule appended thereto provides for the method of admission to the B.Ed, course. Relevant Clause 3 of the Regulations reads as follows: - - ...[VERNACULAR TEXT COMITTED]...;