SHAMEEMUNNISA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner seeking a writ of mandamus directing the first and second respondents to approve the admission of the petitioner to the T.C.H. Course which she has taken in the 3rd respondent-Institute.

(2.) It is not in dispute that the petitioner had been admitted to the 3rd respondent-Institute in December 1995 within the permissible intake as fixed by the Affiliating Authority before coming into force of the National Teacher Education Council Act, 1993. In the present case, the first and second respondents have refused to approve the admission of the petitioner on the ground that at the time of admission, her age was more than 35 years and as per the Government circular dated 5-6-1995 it was not permissible for any institute to admit the candidates of more than 35 years of age. The learned Counsel for the petitioner assails the validity of the said Government circular on the ground that it is opposed to the statutory rules framed with regard to the holding of T.C.H. Examination.

(3.) The T.C.H. Examination is held by the Karnataka Secondary Education Examination Board which has been constituted under the provisions of the Karnataka Secondary Education Examination Board Act, 1966 (in short 'the Act'). Section 15 of the Act empowers the Board to hold T.C.H. Examination in accordance with the regulations framed by it in this regard. The power to frame regulations is contained in Section 26 of the Act which provides that the Board may, from time to time, by notification, make regulations not inconsistent with the Act and the rules for the purpose of carrying into effect the provisions of the Act. Sub-rule (2) of this Act specifically provides for framing of regulations for admission of candidates to the examinations and the conditions governing such admissions.