GOPSAI ACINANDAN SANGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners before me in this batch of writ petitions are institutions who have approached this Court, either by themselves or through their managing Committee seeking mandatory direction upon the West Bengal board of Primary Education to affiliate them for conducting Primary teachers Training course. The dispute in these matters are primarily between the petitioners and the West Bengal Primary Board of Education over grant of affiliation for operation primary teachers' training course (B. Ed.) by the individual institutions. Affidavit-in-Opposition has been filed by the Board only in W. P. No. 3613 (W) of 2009. However, arguments were advanced primarily on legal issues and by consent of the learned advocates appearing for the parties, these writ petitions were taken up for hearing at this stage only.

(2.) THE National Council of Teacher Education (N. C. T. E. in short), constituted under the provisions of The National Council For Teacher education Act, 1993 has already issued orders for recognition in their favour for conducting this course. Such orders for recognition were issued in response to applications made by or on behalf of the petitioners for the said purpose in terms of Section 14 of the said statute. I shall refer to this statute as the 1993 Act in the later part of this judgment.

(3.) THE 1993 Act was enacted by the Parliament to provide for establishment of a National Council for Teacher Education with a view to achieving planned and co-ordinated development of the teacher education system throughout the country as also for regulation and proper maintenance and norms and standard in the teacher education system. This object of the Act appears from its preamble. The NCTE was constituted in pursuance of the provisions of the said enactment.