SUDHIR AGARWAL, J. - (1.) IN all these writ petitions the facts and legal issues involved are same, hence as agreed by learned Counsel for the parties, have been heard together and are being decided by a common Judgment. The facts, in brief, giving rise to these petitions are that the State Council of Education Research and Training (hereinafter referred as 'SCERT') issued a notification on 22.2.2004, pursuant to the State Government Order's dated 23/24.1.2004 inviting applications from the candidates possessing B.Ed./L.T./B.P.Ed./D.P.Ed, qualification as institutional candidates from the college/training colleges duly recognized and approved by National Council of Teachers Education (hereinafter referred to as 'NCTE') for admission to "Special B.T.C. Course-2004". The petitioners in all these writ petitions have passed one year's Diploma in Physical Education (in short 'D.P.Ed.') from Sri Narheji Mahavidyalay, Ballia (hereinafter referred to as 'the College') between 1996-97 to 2001-02 and applied for admission to the said course. The candidature of the petitioners however has been rejected for the reason that D.P.Ed, course conducted by the college was never approved by NCTE and therefore, the petitioners did not possess valid requisite qualification entitling admission to Special BTC Course, 2004. Hence these petitions.
(2.) BEFORE entering the rival submissions and legal niceties of the matter, it would be appropriate to have a few more facts. Prior to 1st July 1995, various courses of teachers training were being conducted by the Universities and colleges affiliated with the respective Universities. With an object to standardize Teachers Training Education, the Parliament enacted National Council for Teachers Education Act, 1993 (hereinafter referred to as 'the Act') published in Gazette of India dated 30.12.1993 and came into force on 1.7.1995. It would be appropriate to have a bird eye view of the Act and history preceding its enactment. The Government of India set up a body namely National Council of Teachers in 1973 by a resolution with the objective to act as a National Executive Body to advise Central and State Governments on all matters pertaining to teacher's education. Its role and status was purely advisory, having no statutory backing and therefore, in the next two decades it was realized that it had a very little impact on the standard of teacher training institutions in the country and its growth. The national policy on education thereafter provided that the NCTE should be armed with necessary resources and capability to accredit institutions of teacher education and provide guidance regarding curricula and methods. Ultimately Parliament enacted the Act which received Presidential assent on 29.12.1993. Sub-section (1) of Section 3 of the Act provides that the Act shall come into force from such date as notified in the Official Gazette, by the Central Government. It is not disputed that the Act has come into force on 1.7.95. Section 2 (a) defines 'appointed day'; (d) defines 'examining body'; (e) defines 'institutions'; (i) defines 'recognised institution', (k) defines 'regulations' (1) defines 'teacher education'; (m) defines 'teacher education qualification' and (n) defines 'University', which are reproduced as under: "2. Definitions. - In this Act, unless the context otherwise requires, - (a) "Appointed day" means the date of establishment of the National Council for Teacher Education under sub­section (1) of Section 3; (d) "Examining body" means a University, agency or authority to which an institution is affiliated for conducting examinations in teacher education qualifications; (e) "Institution" means an institution which offers courses or training in teacher education; (i) "Recognised institution" means an institution recognised by the Council under Section 14; (k) "Regulations" means regulations made under Section 32, (1) "teacher education" means programmes of education, research or training of persons for equipping them to reach at pre-primary, primary, secondary and senior secondary stages in schools, and includes non-formal education, part-time education, adult education and correspondence education; (m) "Teacher education qualification" means a degree, diploma or certificate in teacher education awarded by a University or examining body in accordance with the provisions of this Act; (n) University" means a University defined under clause (f) of Section 2 of the University Grants Commission Act, 1956 and includes an institution deemed to be a University under Section 3 of mat Act;"
(3.) SECTION 3(1) provides for establishment of the Council i.e. National Council for Teacher Education, which reads as under - "3. Establishment of the Council. - (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint there shall be established a Council to be called the National Council for Teacher Education." ;