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2008 Supreme(Chh) 122

SUNIL KUMAR SINHA, RAJEEV GUPTA
Viswa Bharathi Institute – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
B. P. Sharma, for Petitioners; Prashant Mishra, Advocate General with A. S. Gaharwar, Addl. Advocate General, for Respondents.

Judgement

SUNIL KUMAR SINHA, J. :- The petitioners have challenged the validity of Chhattisgarh B.Ed. Pravesh Rules, 2006, framed by the State Government and published under Notification No. F5-5-20/2006 dated 20-4-2006. The challenge has been made on the ground of lack of competence on the part of State to make such legislation as the power to frame legislation in this regard has been vested with the Union under Entry 66 List-I of VIIth Schedule of the Constitution. It has also been challenged on the ground that the Parliament has already framed legislation on the subject vide the National Council for Teacher Education Act, 1993 (for short "N.C.T.E. Act" or "Act 1993") and the Statutes/Ordinances framed thereunder and no power has been given to the State, therefore, the Rules are ultra vires of Constitution as also the N.C.T.E. Act.

2. Petitioner No. 1 is a Society duly registered under the relevant provisions of C.G. Societies Registrikaran Adhiniyam 1972. Petitioner No. 2 is the Director of petitioner No. 1 Society. Petitioner No. 1, with an intention to start in their institution B.Ed., D.Ed., and M.Ed., courses, applied to respondent No. 2 and no-objection certificate was grante

































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