RAKESH TIWARI, J. - (1.) HEARD learned Counsel for the parties and perusedtherecord.
(2.) BRIEF facts of the case are that the Post Graduate College, Ghazipur is a college affiliated to Veer Bahadur Singh Poorvanchal University, Jaunpur and is governed by the provisions of U.P. Universities Act, 1973 and the first statute of Poon/anchal University framed thereunder. By an order of the Registrar, Poorvanchal University, Jaunpur affiliation was accorded to the college for running a "Post Graduate Diploma in Physical Education" for the academic session 1995-96 which was extended for the academic sessions 1996 to 1998 the petitioner college admitted students for undergoing a one year post graduate diploma course in physical education during each of the aforesaid extension periods. The students so enrolled and passed the examination held by the University, at the end of the course have been awarded Post Graduate Diploma in physical education by it. The provisions of National Council for Teachers Education Act, 1993 (hereinafter referred to as NCTE) were enforced w.e.f. 1-7-1995. Section 14 of the 1993 Act which envisaged permission/approval from NCTE with regard to each course which were required to be approved including new courses introduced pertaining to teachers education. The college was to applying before the NCTE with in a period of 6 monthe from the date of enforcement of the Act with entitlement to continue the teachers training course till such point of time as final orders were passed by NCTE on the application submitted by the college.
(3.) THE period of 6 months specified for this purpose under Section 14 stood extended on 2 separate occasions by the National Council for Teachers Educa­tion itself firstly till August 1997 and there after till March. Reliance in this regard has been placed by the petitioners upon a decision of the Division Bench of this Court in the case of Ekta Shukla v. State of U.P. and others, 2006(1) ESC 53, in support of his case.;