ORDER

Leave granted.

2. The Division Bench in its judgment dated August 29, 2008, out of which the present group of seven appeals arises, has relied upon the judgment of this Court in Basic Education Board, U.P. vs. Upendra Rai and Others,1 [(2008) 3 SCC 432] in holding that the regulations framed under the National Council for Teacher Education Act, 1993 (for short, ‘NCTE Act’) do not bind the State Government in the matter of fixation of qualifications for teachers in formal schools. This is what the High Court said :

“......Following said judgment of the Apex Court in UPENDRA RAI’s case (1 supra), we are of the view that the judgment of the Tribunal is un-sustainable and is liable to be set aside insofar as holding that NCTE Act has binding nature on the State Government in the matter of fixation of qualifications for teachers in formal schools. In the circumstances, we find force in the contentions of the Government that the Central Regulations framed by NCTE purportedly made under clause (d) (i) of Sub-section (2) of Section 32 read with section 12(d) of the NCTE Act, 1993 are not applicable or extended to formal school, and that it is the discretion of recruiting agency to pr