Strict adherence to statutory provisions and prescribed procedures is necessary for the legality of decisions and integrity in the decision-making process.

CHAKRADHARI SHARAN SINGH, J.

1. In the present two writ applications, challenge is to the decision of the State Government, whereby the course fees, chargeable by non-aided privately managed institutions, offering course of Training in Teacher Education have been fixed. The State Government, by the impugned notification has fixed annual fees at the rate of Rs. 50,000/- per student. Thus, the course fee for two-year programme, leading to B.Ed. Degree, which is a two-year course has been fixed at Rs. 1,00,000/-. The petitioners are non-aided privately managed institutions, offering courses/training in Teacher Education.

2. The challenge is on the ground that the State Government, while taking the decision, has not adhered to the mandatory statutory provisions prescribed in University Grants Commission (Regulation of Admission and Fees in Private Non-aided Professional Institutions) Regulations, 1997, read with National Council for Teacher Education (Guidelines for Regulation of Tuition Fees and Other Fees Chargeable by Unaided Teacher Education Institutions) Regulations, 2002, as amended from time to time. The teacher education programme, which these petitioners offer, admittedly, leads to University degree. There cannot be any dispute that these institutions are governed by the provisions of the National Council for Teacher Education Act, 1993. The said National Council for Teacher Education (Guidelines for Regulation of Tuition Fees and Other Fees Chargeable by Unaided Teacher Education Institutions) Regulations, 2002, has been framed in exercise of the powers conferred under Section 12(h) read with Section 32(2) of the National Council for Teacher Education Act, 1993. Regulation 11 of the said 2002 Regulations is at the core of the issue and is, therefore, being reproduced herein below:--

"11. Regulation of fees for teacher education programmes leading to a university degree.--For teacher education institutions and such other bodies offering a teacher education programme leading to a university degree, the provisions contained in the University Grants Commission (Regulation of Admission and Fees in Private Non-aided Professional Institutions) Regulations, 1997, as amended from time to time, will apply mutatis mutandis, subject to the condition that while determining the fee structure for a teacher education programme leading to a university degree, the Standing Committee of the University Grants Commission or the State Level Committee, as the case may be, will take into account the facilities required to be provided as per the NCTE Regulations laying down the norms and standards for the relevant teacher education programme."

3. It is evident from the said provision that the provisions contained in University Grants Commission (Regulation of Admission and Fees in Private Non-aided Professional Institutions) Regulations, 1997, shall have to be applied for regulation of the fees for teacher education programmes, leading to a University degree. It mandates that while determining the fee structure of teacher education programme, leading to a University degree, the Standing Committee of the University Grants Commission or the State Level Committee, as the case may be, will take into account the facilities required to be provided, as per the regulations laid down by the National Council for Teacher Education about the norms and standards for relevant teacher education programme.

4. Evidently thus, the provisions contained in University Grants Commission (Regulation of Admission and Fees in Private Non-aided Professional institutions) Regulations, 1997, are to be applied for determination of the fee structure of such institutions and the facilities required to be provided, as per the regulations of the National Council for Teacher Education, are to be taken into account for fixation of the fee structure.

5. This is to be noted that earlier the Chancellor, Universities of Bihar, had temporarily fixed the fees, chargeable by such i