Arun Tandon - (1.) -This bunch of writ petitions has been filed basically for a writ in the nature of mandamus commanding the State of Uttar Pradesh to grant 'no objection certificate' affiliation to the petitioners institution for starting Two Years Basic Training Course, as also for quashing the order of the State Government dated 6th September, 2004 and the orders issued in respect of individual institutions of various dates based on the said Government Order dated 6th September, 2004. The State Government has taken a decision that Two Years Basic Training Course shall be permitted to be run in Government institutions only and permission for the said course shall not be granted to any private institutions.
(2.) IN all these writ petitions, petitioners are institutions, which have been granted recognition by the National Council for Teachers Education for starting B. Ed. Course. The said institutions are also affiliated to various State Universities situate in the State of Uttar Pradesh. The Universities are the examining bodies in respect of these private and unaided recognised degree colleges, where B. Ed. Course is being taught. Since the basic facts relevant for decision of the disputes qua the aforesaid writ petitions are more or less identical, and legal aspects involved are also identical. Writ petitions are being decided by this common judgment. The facts recorded in Civil Misc. Writ Petition No. 39124 of 2005 are being stated for the purposes of present judgment treating the same to be the leading case. Heard Sri Ranjit Saxena, Sri Ashok Khare, senior advocate assisted by Sri Neeraj Tripathi, Sri P. S. Baghel and Sri J. P. N. Singh, Sri Anurag Khanna, Sri S. D. Shukla, Sri D. C. Misra, Sri Yatindra, Sri Anurag Jauhari, advocates on behalf of petitioners, Sri Rajeev Joshi, advocate on behalf of National Council for Teachers Education, Sri S. M. A. Kazmi, learned Advocate General, Sri C. B. Yadav, learned chief standing counsel, Sri K. S. Kushwaha, learned standing counsel on behalf of State-respondents. The records have also been examined.
(3.) FOR planned and coordinated development of teacher education system throughout the country, the Parliament framed the National Council for Teachers Education Act, 1993 (hereinafter referred to as the "N.C.T.E. Act"). In accordance with the provisions of the aforesaid Act, Rules and Regulations framed there-under, every institution imparting education for teachers' training for primary, secondary and higher education is entitled to run such course, only after it has received approval/recognition from the National Council for Teachers Education. The requirement of the infrastructure, faculty members alongwith minimum qualifications prescribed, and the intake permitted for such institutions, has been regulated under the provisions of the Act and Regulations framed thereunder. The Country is committed to "Education for All". The Government of India has launched the "Serva Shiksha Abhiyan and the State Government is committed under the Constitution to ensure that primary education to the students upto age of 14 years is provided free. Such commitment to primary education cannot be fulfilled unless there are requisite number of trained qualified teachers available for the institution imparting education at that level.;