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2003 Supreme(AP) 916
Andhra Pradesh High Court
Judges : V.V.S.RAO
B.Rajendra Prasad - Appellant
Versus
Controller of Examinations, Nagarjuna University, Guntur - Respondent
Decided On : 07-30-03
Headnote:Constitution of India - Article 14 - Equality clause - classification - Reasonable Nexus Test - Test requires that differentia must have relation to object sought to be achieved by classification.
Held : If a category of those persons who complained under- inclusion is directed to be included, the same would amount to "reading up" and not "reading down" the provision of law. The court under 226 of the Constitution of India is not entitled to resort to "reading up" and promulgate the impugned legislation or the impugned regulation.
It cannot be said that the impugned prospectus regulation suffers from invidious classification and thereby violates Article 14 of the Constitution. The reasons are more than one and they are as follows. First, an analysis of NCTE Regulations and the impugned prospectus regulation would show that basically and essentially B. Ed. , third methodology Course is being offered by the university only to enable the B. Ed. , graduates of the University to acquire additional subject methodology to better, their prospects either in job market or if they employed, in their career, third Methodology programme is intended only for B. Ed. Graduates of the University. When an academic programme is offered by the university only intended for its students, unless the same is grossly arbitrary, the same cannot be invalidated on the ground that it is improper qualification. Under andhra Pradesh Universities Act, 1991, universities established under the said Act have ample power to introduce such programmes and/or courses and also make regulations restricting entrance to such courses.
As per the impugned regulation those who appear for B. Ed. , third methodology by private study have to write theory and practical examinations in the colleges where they studied and completed b. Ed. , course earlier. That only means that the examination will be conducted in B. Ed. , colleges which are affiliated to the university. This has practical considerations. The course is offered, as noticed, for the benefit of B. Ed. , Graduates of the University to improve their qualifications. If the eligibility is thrown open to all the B. Ed. , Graduates of all universities in India, it would frustrate the object of the University in offering the course. It would be well-nigh impossible for the University to conduct theory and practical examinations in B. Ed. , Colleges at far off places from where the candidates desire to privately study third Methodology. While considering the validity of classification, the practical considerations cannot be ignored.
If B. Ed., graduates of every University are permitted to third methodology programme in the University, it would result in a very absurd and incongruous situation where a person would have B. Ed. , with two subjects Methodology from one University and B. Ed. , certificate in third Methodology from Nagarjuna university.
When a citizen approaches the High Court contending that State action is arbitrary, initial burden lies on the petitioner to prove that such State action is arbitrary. In this case, the petitioners, have failed to discharge the burden to the satisfaction of the Court. Whereas, the counter affidavit discloses the reasons for giving benefit of B. Ed. , third methodology only to B. Ed. , graduates of the university. Further, any complaint of arbitrariness and capriciousness has to be examined not in vacuum, but in the background of the Statutes and delegated legislation.
NCTE framed the Regulations for B. Ed. , course. As per regulation 4 all the institutions offering b. Ed., correspondence course have to follow the guidelines given in the Annexure to the regulations. While issuing brochure presumably after making regulation, NCTE also directed that all the institutions conducting B. Ed. , course in any mode other than correspondence/distance education mode shall have to keep in view the NCTE B. Ed. , regulations. Indeed, if those regulations are applied, the University has to restrict, the admission to B. Ed. , third Methodology only to those candidates who are currently working in school system located in the territorial jurisdiction assigned to it by State enactment. It is not denied that the District of guntur, Prakasam and Krishna are within the territorial jurisdiction of University. If this applied to B. Ed. , third Methodology course, it has to be offered only to those teachers who are working in educational system in these three Districts, but the course offered is not a correspondence course as per the university prospectus Regulations. It is a different mode which is permitted by NCTE and while doing so, the University is given power to adopt such method which will be in tune with the correspondence regulations. After giving my anxious consideration to the issue, I am convinced that respondent university was well aware of the correspondence regulations in offering b. Ed. , third Methodology course only to its b. Ed. , graduates. Viewed from that point of view, it cannot be said that the impugned prospectus regulation is arbitrary.
( 1 ) INTRODUCTION: all these Writ Petitions throw up a common question of law of considerable importance insofar as teacher education in general and teacher education offered by nagarjuna University, Guntur, for the purpose of B. Ed. , third Methodology course in particular, and hence they are being disposed of by a common order. Be it noted, after National Council for Teacher Education act, 1993 (Central Act No. 73 of 1993) (hereafter called, NCTE Act), the entire field of teacher education is occupied by parliamentary Legislation. As per the provisions of the NCTE Act no educational institution can offer a course in teacher education without prior permission/ recognition of such institution nor any educational institution can offer B. Ed. , course with the syllabus or curriculum which is contrary to the one prescribed by National council for Teacher Education (NCTE ). As at present, B. Ed. , course consists of theory papers as well as practicals. The practical course is with reference to teaching methodology in two school subjects, like english, Telugu, Hindi as one subject and either Physical Sciences, Biological sciences or Mathematics or Social Sciences as another. Every candidate aspiring for a degree of B. Ed. , (Graduate in Teacher education) is required to study and pass practicals in two subjects, which otherwise called two methodologies. BACK GROUND FACTS:
( 2 ) FROM the year 2002-2003, it appears at least three Universities in the State of andhra Pradesh, namely, Andhra University, visakhapatnam, Kakatiya University, warangal, and Nagarjuna University, guntur, started offering a course in B. Ed. , third Methodology to those persons who already hold B. Ed. , Degrees. The purpose appears to be to enable B. Ed. , graduates to complete third Methodology course so that they can have better prospects in their career. For instance, B. Ed. , graduate with english and Mathematics as methodology subjects may feel stagnated in his employment and he may desire to do a third methodology course say in Physical sciences for which he is qualified. By passing third Methodology of their choice, candidates generally perceive that it is sure method of getting promotion earlier than what is expected either as B. Ed. , Assistant if he is working as Secondary Grade Assistant, or Selection Grade B. Ed. , Assistant if he is already working as B. Ed. , Assistant.
( 3 ) NAGARJUNA University (hereinafter called, the University), sole respondent in many of the Writ Petitions, issued a Notice/ notification dt. 10-8-2002, which was published in all the leading newspapers. The university invited applications from eligible candidates for grant of exemption from production of prescribed attendance certificate so as to appear privately for b. A. , B. Com. , M. A. , M. Com. , M. Sc. , (Mathematics), L. L. M. , P. G. Diploma in Law and B. Ed. , (Third Methodology) examinations to be held in March/april 2003. The lest date for submission of duly filled prescribed application forms was 16-10-2002. All the petitioners are either graduates or Post Graduates. They also have B. Ed. , degree from various universities. In some cases the petitioners have obtained m. Ed degree. Most of them are also working as Teachers in various schools. All of them obtained prescribed applications from the university for private appearance in B. Ed. , (third methodology ). Along with the applications they also received private study prospectus (hereinafter called, prospectus regulations) sent by the University which gives details regarding qualifications and eligibility criteria for granting exemption for private study in various courses mentioned hereinabove. Insofar as B. Ed. , third methodology is concerned, the prospectus contained the following regulation: the candidate must be a B. Ed. , graduate of Nagarjuna University. B. Ed. , graduates of other Universities are not eligible. The candidate should be a graduate in the subject concerned for which he/sh
