K.S. THARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the respondents.

(2.) It is the case of the petitioners that they are graduates and admitted to the B.Ed. course in the third and fourth respondent College. Both the colleges are affiliated to the Mysore University. The first petitioner had passed B.Sc. with Mathematics, Electronics and Computer Science as electives while the second petitioner had passed B.A. with Psychology, English and Journalism as electives. The National Council for Teacher Education (NCTE), is the supreme body in the matter of prescribing conditions for Teacher Training. As per the guidelines of NCTE, an applicant to the B.Ed. course must have secured 50% marks at the Degree level. It is stated that both the petitioners satisfied the eligibility criteria.

(3.) The first respondent had prescribed rules of admission to the B.Ed. course according to which a student ought to have passed the degree and ought to have studied at least two of the prescribed electives. Both the petitioners did not satisfy this requirement, as they had studied only one of the prescribed electives at the degree level. The second respondent - University has been following the rules prescribed by the first respondent State. Further an Expert Committee of the University had also suggested as per Annexure-"A", that the admission rules be modified so as to bring the same in line with the NCTE Guidelines. The State has not passed any order either rejecting or granting the proposal of the Mysore University, though similar proposals submitted by the Bangalore and Kuvempu Universities are said to have been accepted. The learned counsel for the petitioner would state that the short question is, that in the event of a conflict between the Rules of admission prescribed by the NCTE on the one side and the University or the State on the other, which is the rule that should prevail. Reliance is placed on the case of Sujatha Babu Nakaman vs. Special Officer, Centralised Admission Cell and Others, 2006 ILR(Kar) 741, wherein it is laid down that when there is a conflict between the Rules of the State and the University, then the one prescribed by the University prevails.