V.S.KOKJE, J. - (1.) This is a petition filed by a privately run educational institution conducting courses leading to the Degree of Bachelor of Education. The institution is affiliated to Jai Narain Vyas University, Jodhpur. The course leading to Degree of Bachelor of Education (B.Ed.) is being conducted by the petitioner-institution right from the year 1961. In the year 1964, the petitioner-institution started another course by the name of Bachelor of Education (Vacation Course) which is continuously being conducted since then. According to the petitioner, the education imparted in, what is known as B.Ed. (Regular Course) and B.Ed. (Vacation Course), is of the same standard and the only difference is that for the Regular Course, admissions are granted on the basis of the Pre-Teachers Education Test whereas admissions to the Vacation Course are granted by a Committee consisting of the Principal of the Institution and the Distt. Education Officer strictly as per the norms fixed for the purpose.
(2.) In the year 1993, the Parliament enacted the National Council for Teacher Education Act, 1993 (in short 'the Act'), which was brought into force from 1-7-1995.
(3.) According to the petitioner-Institution, the Regulations u/S. 32 of the Act were framed and enforced on 24-2-96 and for all practical purposes, the Act effectively came into existence from 24-2-96 because without the Regulations, the Act could not have been enforced. According to the petitioner, under the mistaken impression that it was necessary for the Institution to apply for recognition under the Act, an application was made to the National Council for Teacher Education (in short 'NCTE') established under the Act. On 14-10-96, the Northern Regional Committee of the NCTE sent a communication to the Principal of the petitioner-Institution asking for relevant information to decide upon the grant of recognition. The information sought included information about short history of the B.Ed. (Vacation Course), number of seats, details of teaching staff, fees charged, details of expenditure, details of the Syllabus, whether the syllabus is different from that of B.Ed. (Regular Course), if so, what was the difference, the duration of the course, method of teaching, method of admission, basis of selection and minimum qualifications etc. On 28-12-96, the petitioner-Institution sent a detailed reply to each and every query. On 31-3-98, the Northern Regional Committee of the NCTE passed an order under Section 14 of the Act granting permission to continue the B.Ed. (Vacation Course) till the disposal of its application for grant of recognition fixing the maximum number of seats in the Course to the seats available on 17-8-95. On 5-4-99, by an order passed by the Northern Regional Committee of the NCTE, the application for recognition of the B.Ed. (Vacation Course) made by the petitioner-Institution was rejected and the petitioner- Institution was directed not to admit students in B.Ed. (Vacation Course) from the year 1999-2000. It was also declared in the order that if the Institution flouts the direction, no University shall grant it affiliation and if the affiliation has already been granted, that would be cancelled and the degrees obtained in defiance of the direction would not be recognised as valid qualification for employment with the Central Government, State Government, University or any educational institution receiving grant from the Central or State Government.;