JUDGMENT

Gokhale J. —

Leave Granted.

2. These two appeals raise the questions as to whether after coming into force of the National Council for Teacher Education Act 1993 (hereinafter referred to as ‘the NCTE Act’) the State Governments have the power to grant recognition to the colleges which train the teachers, and whether students from the colleges not recognized by National Council for Teacher Education (in short NCTE) can be permitted to appear for the requisite examination to become teachers. Since both these appeals are filed by the same institution, they are being disposed of by a common judgment.

3. Both these matters have had a chequered history. There have been several rounds of litigation which are being recorded herein below.

4. The appellant claims to be an institution set up by the minority Buddhist religious community. The appellant has established a Teachers’ Training College at Nirmali, District Supaul (Bihar), in the year 1987. It claims that the Chief Minister’s Secretariat instructed the Director, Research and Training, Primary Education, Patna (vide a letter dated 13.02.1987) to issue a permission to the appellant to establish this minority educational insti