Point of Law: Section 19 (1) of the AICTE Act which provides that one of the functions of the AICTE is to lay down norms and standards for courses, curricula, physical and instructional facilities staff pattern, staff qualifications, quality instructions, assessment and examinations.

ORDER :

Mohammad Rafiq, J.

These matters have been referred to the Full Bench by order of the Division Bench dated 10.1.2020, in view of the conflict of opinion between the Division Bench judgment of this Court dated 20.9.2010 in CWP No. 5728 of 2010, titled H.P. B.Ed College Association and ors. vs. State of H.P. & anr., and another Division Bench judgment dated 23.7.2014 in CWP No. 7688 of 2013 titled HP Private Universities Management Association (HPUMA) vs. State of Himachal Pradesh and others and CWP No. 840 of 2014 titled Private Technical Institution’s Association Himachal Pradesh and others vs. State of Himachal Pradesh and others.

2. The case as set up in the writ petition by the petitioners herein is that the PetitionersTeachers Training Institutes are running diploma course in D.El.Ed., recognized by National Council of Teacher Training (NCTE), which is an Apex Regulatory Body created under NCTE Act. NCTE has framed Regulations ‘National Council for Teachers Education (Recognition, Norms and procedure) Regulations, 2009’ pertaining to the norms and standards for Diploma in Elementary Teacher Education Programme leading to Diploma in Elementary Education (D.El.Ed)’. Clause 3 (1) of the said Regulations pertains to Intake, Eligibility and Admission Procedure while Clause 3 (2), as originally framed, provides that the candidates with at least 50% marks in the senior secondary (+2) or its equivalent examination are eligible for admission. Clause 3 (2) (b) provides that the reservation for SC/ST/OBC and other categories shall be as per the rules of the Central Government/State Government whichever is applicable and there shall be relaxation of 5% marks in favour of SC/ST/OBC and other categories of candidates. Clause 3 (3) provides that the admission shall be made on merit on the basis of marks obtained in the qualifying examination and/or in the entrance examination or any other selection process as per the policy of the State Government/UT Administration. The Regulations of 2009 were amended in 2018. Clause 3.2 and Clause 3.3 as amended in 2018, which pertain to eligibility and admission procedure, provide as under:

"3.2 Eligibility:

(a) Candidates with formal education from a 'School' as defined in clause (n) of section 2 of the Right to Education Act, 2009, with at least fifty percent marks in Senior Secondary or plus two examination or its equivalent, are eligible for admission.

(b) The relaxation in percentage of marks in the Senior Secondary or plus two examination or its equivalent examination and in the reservation for Scheduled Caste or Scheduled Tribe or Other Backward Class or Persons With Disabilities and other categories Apex shall be as per the rules of the Central Government or State Government Territory Administration, whichever is applicable.

3.3 Admission Procedure:

(a) Admission shall be made on merit basis, considering marks obtained at Senior Secondary or plus two level or equivalent examination or in an entrance examination, or any other selection process as per the policy of the University or State Government or Union Territory Administration.

(b) At the time of admission to the programme, the candidate must indicate the subject in which he or she proposes to take the B.A. or B.Sc. Degree. Admissions shall be on the basis of order of merit and availability of seats. Any change in the choice of subjects shall be made within ED TO one month from the date of commencement of the programme,”

3. The case of the Petitioner-Institutes is that they are running D.El.Ed. course as per the norms and standards prescribed by the NCTE for the last many years. All the Petitioner-Institutes are unaided and they are required to meet the requirements of infrastructure and faculty as per the norms set by NCTE and for the said purpose, the source of their income is directly dependent upon number of seats allowed to each