SAMPURNAND SANSKRIT UNIVERSITY Vs. STATE OF U P

JUDGEMENT

(1.) The Sampurnanand Sanskrit University, Varanasi (in short the University) and the students who have been awarded 'Shiksha Shastri' degree by the University, which is the examining body, from the Faculty of Education of the University at Varanasi, and five affiliated Colleges namely (1) Sri Adarsh Bharati Mahavidyalaya Ketasarai, Jaunpur, (2) Shrimat Paramhans Sanskrit Mahavidyalaya Teekar Mafi, Sultanpur, (3) Shri Sachcha Adhyatma Sanskrit Mahavidyalaya, Jhunsi, Allahabad and (5) Sri Mahaveer Vidyapith Pachhami Vihar, New Delhi, have filed these writ petitions with prayers to issue a writ of mandamus commanding the respondents to treat their certificates or 'Shiksha Shastri' as equivalent to B.Ed, for the purpose of admission to the Special B.T.C. Course, 2004 designed by the State Government with the approval of the National Council of Teachers' Education for the purpose of employment as Assistant Teachers in Basic Schools in the State of Uttar Pradesh. The University has also challenged the vires of Section 14 of the National Council of Teachers Education Act 1993.

(2.) I have heard Sri Anil Tiwari for the University; Sri Manish Goel in writ petition No. 47765/2004 and Sri Jagdish Pathak in writ petitions No. 29217/2004, 29236/04, 30444/04 and 30449/04 and other counsel for the petitioners and Sri Rajeev Joshi for NCTE and Standing Counsel for the State respondents.

(3.) The facts briefly stated giving rise to this batch of writ petitions are that the Sampurnanand Sanskrit University, Varanasi is a recognized State University under the U.P. State University Act, 1973. The Statutes of the University are framed under the provisions of the Act. The University is conducting 'Shiksha Shashtri' course as teachers' training course since prior to 1973, after getting sanction and permission from the State and the Association of India Universities, New Delhi. This course is of one year's duration and is recognized by the State Government vide its order dated 12.1.1973 as equivalent to B.Ed, and also by the Association of the Indian Universities, New Delhi vide its order dated 15.3.1974.