SUNIL AMBWANI, J. - (1.) THE Sampurnanand Sanskrit University, Varanasi (in short the University) and the students who have been awarded 'Shiksha Shastri' degree by the University, which is the examining body, from the Faculty of Education of the University at Varanasi and five Affiliated Colleges namely (1) Sri Adarsh Bharati Mahavidyalaya, Khetasarai, Jaunpur, (2) Shrimat Paramhans Sanskrit Mahavidyalaya, Teekar Mafi, Sultanpur, (3) Shri Sachcha Adhyatma Sanskrit Maha Vidyalaya, Arail, Allahabad, (4) Shri Sankirtan Bramhacharya Sanskrit Mahavidyalaya, Jhunsi, Allahabad and (5) Sri Mahaveer Vidyapith, Pachhami Vihar, New Delhi, have filed these writ petitions with prayers to issue a writ of mandamus commanding the respondents to treat their certificates of 'Shiksha Shastri' as equivalent to B.Ed, for the purpose of admission to the Special B.T.C. Course, 2004 designed by the State Government with the approval of the National Council of Teachers' Education for the purpose of employment as Assistant-teachers in Basic Schools in the State of Uttar Pradesh. The University has also challenged the vires of Section 14 of the National Council of Teachers Education Act, 1993.
(2.) I have heard Sri Anil Tiwari for the University; Sri Manish Goel in Writ Petition No. 47765/2004 and Sri Jagdish Pathak in Writ Petitions No. 29217/2004, 29236/04, and 30444/04 and 30449/04 and other Counsel for the petitioners and Sri Rajeev Joshi for NCTE and Standing Counsel for the State respondents. The facts briefly stated giving rise to this batch of writ petitions are that the Sampurnanand Sanskrit University, Varanasi is a recognised State University under the U.P. State Universities Act, 1973. The Statutes of the University are framed under the provisions of the Act. The University is conducting 'Shiksha Shashri' course as teachers' training course since prior to 1973, after getting sanction and permission from the State and the Association of Indian Universities, New Delhi. This course is of one year's duration and is recognised by the State Government vide is order dated 12.1.1973, as equivalent to B.Ed, and also by the Association of the Indian Universities, New Delhi vide its order dated 15.3.1974.
(3.) THE National Council of Teachers' Education Act. 1993 (in short the NCTE Act, 1993) was enacted with reference to Entry-66 of the list-1 of the VIIth Schedule appended to Constitution of India to achieve the planned and coordinated development of teachers' education and for regulating and maintaining proper norms and standards in the teachers' education. The National Council of Teachers Education established under the Act alone is now competent to lay down the norms, guidelines and standard to be maintained by the institutions involved in teachers education and training. The validity of the Act was upheld by the Apex Court in Union of India v. Shah Goverdhan L. Kalra Teachers College, (2002) 8 SCC 228. The Act, received assent of the President on December 19, 1993 and came into force on 1.7.1995. The National Council of Teachers Education was established on 17.8.1995, which is the 'appointed day' as defined under Section 2 (a) of the Act. Section 14 of the Act, provides for recognition of the institutions offering or intending to offer a course or training in teachers education. Sub­section (1) of Section 14, relevant for the purse of this Act is quoted as below : "14. Recognition of institutions offering course or training in teacher education. - (1) Every 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 concerned in such form and in such manner as may be determined by regulations. Provided that an institution officering 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 said period and until the disposal of the application by the Regional Com mittee.";