Point of law: Criteria for admission - Minimum age - Prescription of minimum age of 18 years as on 1st of July for admission to the Diploma in Elementary education is additional eligibility criteria provided by the State as a matter of policy which is neither arbitrary nor illegal nor violative of Article 14 of the Constitution of India.

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard Mr. Indrajit Sinha, assisted by Mr. Kushal Kumar, learned Advocates appearing on behalf of the petitioners in W.P. (C) No. 4192 of 2017.

2. Heard Mr. Vishal Kumar Tiwari, Advocate assisted by Ms. Kirti Saboo, Advocate appearing on behalf of the respondent - college in W.P. (C) No. 4192 of 2017 who has supported the case of the petitioners. They have also advanced their arguments in the separate writ petition being W.P. (C) No. 985 of 2015, filed by the concerned college (Respondent college in W.P. (C) No. 4192 of 2017).

3. Heard Mr. Harsh Chandra, Advocate in other writ petitions. He has adopted the arguments advanced by Mr. Indrajit Sinha in W.P. (C) No. 4192 of 2017.

4. Heard Mr. Kaushik Sarkhel along with Mr. Jayant Franklin Toppo, Mr. Anil Kumar Singh, Mr. Awanish Shekhar and Mr. Rahul Deo, learned advocates appearing on behalf of the respondent-State of Jharkhand.

5. Heard Mr. Anil Kumar, learned Senior Advocate assisted by Mr. Radha Krishan Gupta, learned Advocate appearing on behalf of the respondent-Jharkhand Academic Council.

6. Heard Mr. Sunil Kumar, learned Advocate appearing on behalf of the respondent- National Council for Teacher Education (NCTE).

I.A. No. 8980 of 2019 in W.P. (C) No. 3674 of 2016 and I.A. No. 8981 of 2019 in W.P. (C) No. 4292 of 2017

7. I.A. No. 8980 of 2019 has been filed in W.P. (C) No. 3674 of 2016 wherein the petitioner nos.3, 4 and 7 have prayed for withdrawal of the writ petition so far as they are concerned. Accordingly, the writ petition of petitioner nos.3, 4 and 7 in W.P. (C) No. 3674 of 2016, is dismissed as withdrawn. Similarly, I.A. No. 8981 of 2019 has been filed in W.P. (C) No. 4292 of 2017 seeking permission to withdraw the writ petition so far as it relates to petitioner nos.6 and 7. Accordingly, the writ petition with respect to petitioner nos.6 and 7 in W.P. (C) No. 4292 of 2017 is dismissed as withdrawn. I.A. No. 8980 of 2019 and I.A. No. 8981 of 2019 are disposed of.

8. In these writ petitions the petitioners have prayed for quashing clause-6 of Resolution No. 1382 dated 20.05.2004 issued by the State of Jharkhand prescribing the minimum age for admission in the course of Primary Teachers Training Programme as 18 years on 1st of July of the academic session, inter-alia on the ground that the same is not in consonance with the norms of National Council for Teachers Education Act, 1993(hereinafter referred to as the N.C.T.E. Act) and is also violative of Article 14 and 21 of the Constitution of India and beyond the legislative competence of the State of Jharkhand. All the writ petitions have been filed by the students who were admitted to the said course at an age below 18 years by the concerned respondent college and W.P. (C) No. 985 of 2015 has been filed by one such college for the same relief.

9. It has been specifically submitted by the learned counsels appearing on behalf of the parties that the present batch of matter relates only to diploma in primary teachers’ training course although the impugned clause 6 relates to other courses also including B.Ed. Further the students involved in these cases are from session 2011-2013 onwards.

10. It is not in dispute that similar issues are involved in all the writ petitions. The lead cases in this batch of writ petitions are W.P. (C) No. 4192 of 2017 and W.P. (C) No. 985 of 2015, whose records have been placed during the course of arguments.

11. Admittedly the writ petitioner students were already admitted for diploma in primary teachers’ training course in the respondent college, but their admission to the college was in violation of impugned clause 6 contained in Resolution no. 1382 dated 20.05.2004 issued by the Respondent State Government as their age was admittedly less than 18 years at the time of admission to the college and consequently they were not permitted to fill the registration form for examination to be conducted by Jharkhand Academic Council which became a cause of action to fil