1. Heard Sri S.Sriram, Sri G.Girimoji Rao and Smt.G.Jhansi, learned counsel for petitioners in these Writ Petitions, learned Government Pleader for Education for the State of Telangana appearing for 1st respondent and Sri A.Abhishek Reddy, learned Standing Counsel for 2nd respondent.

2. Since common question of law arises for consideration in this batch of cases, they are being disposed of by this common order.

3. Some of the petitioners in these Writ Petitions are Societies registered under the A.P. Societies Registration Act, 2001 and they had established colleges to provide B.Ed. courses. In the rest of these cases the B.Ed. colleges themselves are petitioners.

CONTENTION OF PETITIONERS

4. All the petitioner Societies/ Societies which established the petitioner B.Ed. colleges obtained No Objection Certificates from the respective Universities under whose jurisdiction they fall. They then applied to the National Council for Teacher Education (for short ‘NCTE’) for recognition for starting new B.Ed. colleges pursuant to a public notice dt.27-02-2015 issued by the NCTE for the academic year 2016-17. Thereafter they applied to the Southern Regional Committee (SRC) of the NCTE with requisite fee enclosing the No Objection Certificate and other documents in compliance with the requirements of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014. The SRC of the NCTE conducted inspection of the colleges of the petitioners and issued individual orders granting formal recognition to the B.Ed. colleges.

5. Petitioners contend that thereafter the University in question under Section 14(6) r/w Section 16 of the National Council for Teacher Education Act, 1993 has to grant affiliation to the B.Ed. colleges of the petitioners once recognition therefor is granted by the NCTE, but the respective Universities refused to undertake the exercise for grant of affiliation on the ground that the State of Telangana had not issued Government Order granting permission under Section 20 of the A.P. Education Act, 1982 as adopted by the said State.

6. Petitioners also allege that the Director of School Education in some of the cases also conducted inspection of the B.Ed. colleges on behalf of the State of Telangana and submitted reports stating that the said Colleges fulfill all the conditions required for proper functioning of the Institution for the courses or training in Teacher Education and requested the Government to issue necessary orders in respect of all the B.Ed. Colleges/petitioners. But the 1st respondent has not issued Government Order thereby disabling the respective Universities from granting affiliation and as a consequence of this, the B.Ed. colleges are disabled from participating in the web-counseling conducted/to be conducted by the Telangana State Council for Higher Education and the Convenor Admissions (Ed-CET 2016).

7. Petitioners contend that in order for an institution to impart Teacher Education, it is required to secure recognition from the SRC of the NCTE; on the basis of such recognition, it has to secure permission from the State Government and affiliation from the affiliating University; and for the purpose of Section 20 of the A.P. Education Act, 1982, the State Government formally issues a Government Order in order to comply with the mandate of Section 21 of the said Act. Petitioners contend that the State Government, in regard to the field occupied by the NCTE under the NCTE Act, 1993, does not have any other area or scope for inspection or verification of any of the aspects touching upon the said activity, and the said formal permission/Government Order, cannot be withheld on any substantive or policy formulations of the Government. It is contended that it is imperative on the part of the State Government to grant permission under Section 20 of the A.P. Education Act, 1982 to the B.Ed. colleges set up by the petitioners. Petitioners contend that the State cannot have any “policy