PINAKI CHANDRA GHOSE, J

(1.) This Public Interest Litigation has been filed on behalf of the petitioner and a serious question has been raised regarding Primary Teachers Training Institutes, both Government Private. The complaint is basically made against 138 Institutes, which are presently engaged in training students for entitling them to teach at the primary level. Out of the said institutes, only 20 institutes are recognized by the National Council for Teachers Education. It is also pointed out that these Institutes are run on the basis of an Act called West Bengal Primary Education Act, 1973 (hereinafter referred to as the said Act) which was amended extensively in 2002.

(2.) The petitioner submitted that the West Bengal Board of Primary Education (Recognition of Primary Teachers Training Institute) Regulation, 2002 was introduced in the year 2002. Pursuant to the application made by the respondents, Primary Teachers Training Institutes, the West Bengal Board of Primary Education granted recognition to the Institutes excepting the Institutes which are already recognized by the National Council for Teachers Education.

(3.) The petitioner further submitted that the scope was extended from the concept of control of Primary Education to control of Primary Teachers Training and thereby the concept of Primary Teachers Training was brought under the umbrella of the said Act. It is the case of the petitioner that the running of the unrecognized institute would be extremely hazardous because such institutes are not maintaining the standards or are not required to maintain the standards as laid down under the National Council for Teachers Education Act, 1993 (hereinafter referred to as "the NCTE Act"). The NCTE Act, 1993 covered the whole aspect of "Teacher Education".

(4.) The matter was moved on 3rd March, 2006 before this Honble Court on the said allegation. At the time of moving of the said application, it was pointed out that the Institutes were being run on the basis of the said Act which was amended extensively in 2002. Under the amended provisions of the said Act sections 4, 19, 22 and 26 of the said Act had been extensively amended. By such amendment of section 19, the scope was extended from the concept of control of Primary Education to "control of Primary Teachers Training and thereby the concept of Primary Teachers Training was brought under the umbrella of the said Act. By adding a new clause (bbbb) to section 19 where it is stated that the power was created to award diplomas, certificates, prizes, scholarships in respect of any examination conducted by the Board constituted under the said Act. Similarly, the concept of "institutes of primary teachers training examination" was also introduced by introducing sub-section (dd) in section 19. Further a power was created to grant or refuse recognition to Primary Teachers Training Institute after considering the recommendation of the Recognition Committee and to make regulations on all aspects connected with such recognition.

(5.) It further appears that such power was granted by introducing clause (ff) to section 19. After amendment of section 22, a Recognition Committee and Examination Committee were also added. By introducing new sections 26A and 26B the formulation and constitution of Recognition Committee and Examination Committee were provided. It is alleged that after such amendment, the Primary Teachers Training Institutes flourished in the State.

(6.) It further appears from the said Amendment Act that the course of Diploma is only one-year duration. It is the allegation of the petitioner that barring 20 Institutes, the rest are unrecognized Institutes. The attention was drawn to the provision of the NCTE Act and it has been pointed out before us that unless an Institute is recognized under section 14 of the said Act, the students cannot appear for the examination and even if they have appeared for the examination and are awarded diplomas, those diplom