The affiliating body has the power and authority to regulate the procedure of examination, including the chances to clear the examination, based on the regulations in force at the time of admission.

S.K. Gangele, J.

The question for consideration before this Court in this writ petition and connected writ petitions is that whether petitioners are entitled to clear D.El.Ed. course examination in third chance or not. Facts of W.P. No. 5478/2016 have been taken into consideration for decision of the cases.

2. Initially the petitioners were appointed as Gurujis. Government had taken a decision to appoint Gurujis on the post of Samvida Shala Shikshak Grade III. Petitioners appeared in eligibility test and, thereafter, they were appointed as SSS Grade III. One of the condition of service of Teacher in the State is that he has to pass D.El.Ed. examination. The petitioners were given admission in D.El.Ed. course by the State. As per the petitioners, they passed D.El.Ed. first year examination. It is a two years course. However, they could not clear the second year examination even though in second chance. The petitioners pleaded in the petition that at the relevant time, the respondent No.3/NCTE had not restricted the chances to complete the course of D.El.Ed. Hence, the petitioners are also eligible or entitled to appear in the examination of D.El.Ed. course in third chance. The NCTE/respondent No.3 in its reply pleaded that earlier, as per NCTE regulations of 2009, there was no provision for fixing maximum period for completing D.El.Ed. course. The respondent No.1/Board of Secondary Education in absence of NCTE regulations 2009 had taken independent decision to regulate the chances of examination. As per the circular dated 26.02.2010 issued by the Board, there was no period to clear the course.

3. The Executive Committee of the Board on 17.12.2012 amended its own circular by holding that two years course is required to be cleared in two consecutive chances. In accordance with the NCTE Regulations, 2013, the period of completion of D.El.Ed. course has been fixed as two years. However, the student can clear the course in an extended period of another one year i.e. three years. It is pleaded that the petitioners were not eligible to get third chance because at the time of enrolment of the petitioners, to complete the D.El.Ed. course, the circular of the Board dated 17.12.2012 was enforce.

4. Learned counsel appearing for the Board has submitted that the Board has adopted the return of NCTE/respondent No.3.

5. Learned counsel for the petitioners has submitted that the Board had no power and authority to limit chances of clearing D.El.Ed. examination. Prior to 2014, there was no limit prescribed by the NCTE to complete the course. The petitioners were admitted in D.El.Ed. course prior to 2014, hence, they are eligible to clear the course in third chance. Counsel for the NCTE has submitted that in absence of the regulations framed by the NCTE, the Board which is the affiliating authority, has power to regulate the procedure of examination and the Board had taken a decision to limit the chances of clearing D.El.Ed. examination upto two years. The petitioners are not eligible to clear the examination in third chance.

6. Same arguments have been advanced by the learned counsel for the Board.

7. The NCTE-respondent No. 3 is authorised to control norms, standards and procedure for recognition of institutions and commencing of new programmes in regard to teacher education programme. Regulations have been framed in exercise of powers conferred by sub-section 2 of Section 32 of the National Council for Teacher Education Act, 1993 by the Union of India named as National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2009. Regulation 3 prescribes applicability, which reads as under:

"3. Applicability. - These Regulations shall be applicable to all matters relating to teacher education programmes covering norms and standards and procedures for recognition to institutions, commencement of new programmes and addition to sanctioned intake in existing programmes and other matter incidental thereto."

8. Sub-regulation (12) o