Candidates must meet qualifications as mandated by the regulatory body without reliance on conflicting state rules.

1. The petitioners, in this batch of petitions, are seeking admission to the B.Ed. Course in various colleges situated in the State of Chhattisgarh. Thus, the question of law and facts involved in all these petitions are the same and arise from the same cause of action. Hence, these petitions are being disposed of by this common order.

2. According to the petitioners, the petitioners appeared in the Pre - B.Ed. examination and thereafter, the petitioners were called for counselling. During the counselling, the petitioners were asked to produce the marks of having 50% aggregate marks in graduation / post graduation degree in spite of the fact that there was a circular indicating 45% marks. The petitioners were not permitted to appear in the counselling. Thereafter, the petitioners submitted representations, but the same have not been considered and decided till date. Thus, these petitions.

3. Learned counsel appearing for the petitioners submit that once the process of selection starts, the selection criteria including the eligibility cannot be changed, as the petitioners have spent their time in preparation of the examination and they have also incurred huge amount. Thus, the impugned action of the respondent authorities is illegal, arbitrary and against the principles of natural justice.

4. On the other hand, learned counsel appearing for the State submits that as per the guideline issued by the National Council for Teacher Education (for short "NCTE"), under Norms and Standard for Secondary Teacher Education Programme for admission to Bachelor of Education (B.Ed.) Degree, the eligibility criteria is that the candidates with at least fifty percent marks either in the Bachelor's Degree and / or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to B.Ed. course. Learned counsel further submits that the field of `teachers training education' is covered under entry 25 of the concurrent list, read with entry 66 of the Union List of the Seventh Schedule. The State has no competence to make Rules in contravention of the regulations / notifications issued by the Union of India i.e. National Council for Teacher Education. There is no entry in the State list dealing with the `teachers training'.

5. I have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto.

6. The petitioners, pursuant to the online notice dated 12.7.2010 [Annexure P / 4 to WP (C) No. 4749/2010] made applications for appearance in Pre - B.Ed. examination for admission to B.Ed course, 2010-11. The minimum qualification prescribed in the notice was acquisition of 50% in the graduate / post graduate degree, as per the Chhattisgarh B.Ed Entrance Rules, 2006, (for short `the Rules, 2006'). The minimum qualification as prescribed in R.4(b) was modified and reduced to 45% by notification dated 14.02.2008 [Annexure P / 3 to WP (C) No. 4749/2010]. However, it was mentioned in the clause 2.9 of the on - line notice that the minimum qualifying marks was 50% in graduate / post graduate degree as fixed by National Council for Teacher Education. The petitioners, participated in the pre - B.Ed examination held on 20.05.2010 and obtained 44.444%, 37.374%, 51.515%, 43.434% and 39.394% of marks, respectively. However, the petitioners were denied participation in the counselling on the ground that the minimum qualifying marks in graduation / post graduation degree was less than 50%.

7. Contention of learned counsel appearing for the petitioners i