M.Y.EQBAL, J. - (1.) THE petitioners are all Teacher Training Institutions established and administered by the Christian Minority Community. All the petitioners Institutions were recognized by the State Government for Teachers Training prior to coming into force of National Council of Teacher Education Act. All the petitioners -Institutions are recognized by the National Council of Teacher Education. In 2004 the Commissioner -cum - Secretary, Primary, Secondary and Higher Education, Jharkhand, Ranchi issued the impugned letter No. 1382, dated 20.5.2004 laying down criteria for admission of students to all training institutions.
(2.) PETITIONERS ' case is that criteria fixed in the said letter is different from the minimum qualifications and selection criteria laid down under National Council for Teacher Education Act and the rules made thereunder. Similarly by Memo No. 5800, dated 10.10.2002 the Secretary to Government, Employment Administrative Reforms and Official Language Department issued the resolution laying down the scheme of reservation in specified State level educational institutions. On 11.6.2004 by letter No. 1561, dated 11.6.2004 Joint Secretary to the Government Department of Human Resources Development, Government of Jharkhand directed that all the teacher training institutions shall strictly follow the provision of reservation rules laid down in the aforementioned Memo No. 5800, dated 10.10.2002. It was also directed that the admission has to be carried out in accordance with the procedure laid down in letter No. 1382, dated 20.5.2004. Petitioners Institutions have aggrieved by all these letters which are annexed as Annexure -3, 4 and 5 to the writ petition. Learned Counsel appearing for the petitioners submitted that petitioners are the minority institutions and, therefore, any direction issued by the respondents is in violation of the rights of minority educational institutions guaranteed under Article 30 of the Constitution of India. Learned Counsel also submitted that petitioners institutions have their own constitutional right to fix the criteria for admission in their institutions. Learned Counsel relied upon the decisions of the Supreme Court in the case of ST. Stephen's College v. University of Delhi, : AIR1992SC1630 and in the case of TMA Pai Foundation and Ors. v. State of Karnataka and Ors., : AIR2003SC355 .
(3.) RESPONDENT -State of Jharkhand in their counter -affidavit have stated that petitioners -Institutions have to follow the reservation rules, framed by the State Government, by giving reservation of seats for SC/ST/OBC, Handicapped, women etc. and the tuition fees and other fees shall also be charged at the rate as prescribed by the concerned State Government. It is stated that as per the norms prescribed by the NCTE Regulation, 2002 the State Government issued Resolution dated 20.5.2004 prescribing procedure for the omission to various teachers education programme conducted by NCTE recognized Teachers Training Institutions.;