D.K. Jain, J. - (1.)Leave granted.
(2.)This batch of appeals, by grant of leave, arises out of judgments and orders dated 9th April 2009, 22nd June 2009, 17th July 2009 and 18th September 2009 respectively passed by the Gauhati High Court at Guwahati. By the impugned judgments, the High Court has held that the Assam Elementary Education (Provincialization) (Amendment) Rules, 2005 (for short "the Amendment Rules, 2005") are ultra vires the provisions of the National Council for Teacher Education Act, 1993 (for short "the Act") and the Regulations framed thereunder.
(3.)The material facts leading up to the filing of the writ petitions before the High Court may be stated as follows:
The National Council for Teacher Education (for short "the NCTE") was set up in the year 1973 by a Government Resolution as a National Expert Body to advise the Central and State Governments on all matters pertaining to teacher education. Since the role assigned to the NCTE was purely advisory in nature, it had very little impact on the standards of teacher training institutions in the country and on their unplanned growth. Therefore, in order to empower the NCTE to make qualitative improvements in the system of teacher training, in the year 1993, the Act was enacted by the Parliament giving statutory recognition to the NCTE. It is manifest from the Preamble to the Act that it had been enacted with a view to achieving planned and coordinated development; and proper maintenance of norms and standards in the teacher education system etc. throughout the country.