( 1 ) THE petitioner is a trust. It intends to establish a Teachers Training Institute in Bagepalli Taluk of Kolar Dist. Since, it can do so only on obtaining recognition under S. 14 of the National Council of Teacher Education Act, 1993 (in short the 'central Act'), it had submitted an application for the said purpose. But its application for grant of recognition has been rejected by the Southern Regional Committee established by the National Council for Teacher Education (in short the 'national Council') under its letter dated 1-8-1997 (Annexure 'j2') on the ground that it has failed to produce its 'no Objection Certificate' as required under Regn. 5 (e) of the "national Council for Teacher Education (application for recognition the manner for submission, determination of conditions for recognition of institutions and permission to start new course or training) Regulations, 1995" (in short the 'central Regulations' ).

( 2 ) IT is a matter of record that though the petitioner had made an application seeking no objection certificate from the State Government for the above purpose but the same has been refused by the Secretary, Education Department, Government of Karnataka, under its letter dt. 12-8-1996 (Annexure 'e'), material part whereof reads as under :-"sub : Issue of NOC for starting Teachers Training Center - Reg. Ref : Your representation dt. 8-7-1996the subject is considered. In view of the present policy of the Government, I am directed to inform you that your request for starting Teachers' Training Center cannot be granted. "

( 3 ) IN the backdrop of the above factual settings, the petitioner has approached this Court for striking down the Regulations 5 (e), (c) and (f) of the Central Regulations as unconstitutional and void and even otherwise quash the State Government's endorsement dt. 12/13-8-1996 at Annexure 'e' being arbitrary and consequently to direct the respondent-Regional Committee to accord recognition to the petitioner-Trust. OBJECT OF THE ACT

( 4 ) NOW it is firmly established that with the coming into force of the Constitution (Forty-second Amendment) Act, 1976 w. e. f. 3-1-1977, the legislative power in respect of "education" is now conferred exclusively on the Parliament in respect of the matters specified in Entries 63 to 66 of List I and concurrently on Parliament and State's Legislature in respect of the matters specified in Entry 25 of List III (See Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust v. State of Tamil Nadu (1996) 3 SCC 15 : (AIR 1996 SC 2384 ). Thus, the Parliament has acquired the legislative competence to make laws in relation to teacher education as well and in view of Art. 254 of the Constitution of India, any State law to the extent it is found repugnant to the Central Act, becomes ipso facto.

( 5 ) THE National Policy on Education, 1986 had stressed that for improvement in the quality of education there needs to be an organised training both to the pre-service and in service school teachers. It cannot be disputed that the role of a teacher is crucial in any programme of education. Without having well qualified teachers who have not only academic and professional competence of high order but also realisation of earnest responsibility and commitment to strive constantly to raise student learning, capable of achieving and making them increasingly autonomous and self-actualising, it will be impossible to improve and maintain standards of education, particularly at pre-University level which requires more care and sensitivity towards young students with academic immaturity. The 1986 Education Policy clearly stated that "status of teachers reflects socio cultural ethos of a society; it is said that no people can raise above the level of their teachers. " This impelled the policy makers and ultimately the Parliament to make provisions for maintaining a minimum standard of teacher education befitting to provide an effe