Constitution of India, 1950 Article–226 read with Sections 3,12,&12A of the National Council for Teacher Education Act, 1993–Writ–Power to determine the minimum standards for school teacher education–
Procedure not followed–Additional eligibility criteria-Challenged the enforceability of NCTE notification–The petitioners, qualified as per the R&P Rules for the post of Shastri in H.P Education Department challenged the NCTE Notification and Circular, which prescribed additional eligibility criteria–Whether the inclusion of qualifications beyond those prescribed in the (R&P Rules) is valid under law–Held-That, the NCTE must exercise its authority independently and in accordance with the procedure prescribed under the NCTE Act–Since the qualifications in the impugned notification were dictated by the Ministry of Human Resource Development rather than being independently prescribed by NCTE, the notification lacked legal validity–Notification was not issued in compliance with these provisions–The petitioners challenge upheld, and impugned Circular and Notification quashed–Direction to the State to adhere strictly to the R&P Rules for recruitment–Writ petitions allowed. (Paras 13 & 14)