IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH !" # !" $ !" %&' $ PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document !" & ( !" ) #&*# !" + (! !" , - $% PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document !" . /! !" 0/*# !" ! 1 + ) # 1 , ) -"& 1 , ) Whether only the operative part of the judgment is pronounced? No Whether full judgment is pronounced? Yes CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: 2"# %'34 0 " 4 0 " . 2/&540" ) # ' ! %& 4 0 " . PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document ' 040 " . 67 $40" 8 ) 49), 3*#/40&0(4 #*#/' 0! 40 47 0" "85': ,+ **(#"40" 2 ) * '&( &40" && **** "4 && ' " / #"$ "7 3#$ 4 &#&;'4/7 4 / <" '" 82 7 & # 0&) # = / $# ' #Certiorari># $ ) , 80 ;#, # + , 80 ;#.'& " < ?&$7& < 8<?<@ < ?&$7& <8<?<7 ; &47#""& A#4# ' #Certiorari># $ 80 ;# " 7 " 2 ' #" 7 # " && &7& 3 < " & / # ' # PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document Mandamus $ " <?< 80 ;#7&& " &$7& " (# < 8&& & " $0 2@ ) 3 #" $# & <?<" ;" . 5& 4 " # " 2 " && &&'" "" '@' #& , !"#$% !" 2 # 0 2@ ) 80 ;# $""& # " (# < 8(< 8&& < "7 &>#& " &#0 && #7& 0 ' & B /4 %? $ C # 4 ' @ / D@%0@0 ' #73 $ >#& <?<@<?<'&& & $% $&$7& "4" ""&"(<8&& < (supra) "7 & " &# $<8>#& $ #&&'7 #73 * '&$ < 8'$$ ,+B = '@E E PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document ) 8'$$B<" ""#73* '&$ < & + . 7 #& , 80 ;#4'" && = '<4 & 80 ;# 4" ' # &7& 7 3 &# #7 / " $ 4%040'&&$%0 0'& "( = # + 4& <?< + #4 >#& 4& &" . ## 4 " #7 ># # 73 47#&& <?< #& 7 ' ( = # + '4# $" " '" 4" 24 "#$ ) , 80 ;#,""& ; & <?<& $& 4" 2 ; 7 "#$ # + , 80 ;#. 5 # &#7"& 7 & " 7 #""& & # &" ='##7 "& 7"& 7&" && '" '&& PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document + $ $ ● $&'()*+ ,)(-(,.,.&(/012 ) 5 # & " " ""&"" "(<8&& 4 (supra) >#& $<'&& #73 * '&$ < '4 # 7 " && 3#;" <?< = " <?< & & + 4 " ( = # + 80 ;# 5 # &" $# &7 " $# & & <?< + 2 & # & < ?# 8 F2<?G7'&& . ) 80 ;###7"'"7 #>#& &$7& & '2<?4 <2 &# &<?# 04 .. 8 F2<? 0G < !$ & A "#& ?# 04 .8 F!<?0G0#4 2<?4 # $#& 7 & &$& 4 "7 4$ + 5 # &##7 "## 8!<?042<?#$#& # $< ?&$7& < 80 ;# PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document , "& #""& + & ># #" & $ '4 . ) 80 ;#4& 7 ; &5 # & "C"#& 80 ;#/ & ""&7& "& = " ""#& 4" %# 3#& " "#$ ) , 80 ;#,'7 7 ; & ' & $ ""& ' " ## # && #"7 . ) 80 ;# 4 ' 7 # 7 & ( #C2<?4" %( #& # # # "#$ ) , 80 ;#,0#4"#$ ) , 80 ;#,"#$ . ) 80 ;# ; &"""& 4 #4 #/7 0& # = 4" %;3# 7 7& $ &&$& 7' $ #&<?<&4' #2<?4 &&&''&& # & 0& 4) # = ● $&'()*+ ,)(/(1-&3(&,1 PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document . , Per contra4& # &" %#7 7<?&$7& <' 7 2<?4 & #<?< + ,# &&$&A#4 + ,& &#<?<'4 7 ; $ & & 4 + , .4 &( #<?&$7& < ' & # !<? 0 0 $& 4 ( &;& <?<@<?< + 5 # &$#" $#& #7 2<? 80 ;# 4 & <?< ' ; ;# + H #4 # $ # ( = # + 80 ;#'7 <?<' 7& + . 5 # & &$7& " #$7 , + 4&#7 ""& "" (<8&& $ (supra) & <?< ;" . 4 #" &" + # 4 " ' &$7& "" & " , + 5 # & # . ) 80 ;##7 2<?4&& " & " <?< >#& $ && 7 &4 “unless PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document otherwise notified by the appropriate Government.” <4 (supra) " # (< & 4$ 47 $appropriate Government4# ) , 80 ;#,'7 <?<'$ && 4'4 & ""& 5 # &$#2<?&$ C# """$ / " $ F# G && # 5 === # 5 #& # = 4 "' &$& ># & 4 # ;# # 4 !<?& #C &( "" # "7 # >#& 4 '4 $ "7 ( "7 $ & # 4 ' # 7& ='# ; #"& && ;&# ;# # ? "& # # && 7#" && #0& 4" # $>#& #%?4?4'4 #7# >#& <?<4 "7 (supra)<#4" " &7&77 $ PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document 5 # && #" 2 & "" $ "(<8&& (supra) + 4 " %#"" & .. 2)@) (<= 8 '4 & # &&&7& $ " 7 "" $ $%"4 $& # &" "# $ '7& 4&&' $># 3# 1 (i) Whether the respondents were justified in granting lifetime validity to Haryana Teaching Eligibility Test (HTET) certification only prospectively vide impugned orders dated 06.08.2024 (Annexure P/ 18), in view of notification dated 09.06.2021 (Annexure P/23) issued by the National Council for Teacher Education (NCTE)? (ii) Whether the impugned order dated 06.08.2024 (Annexure P/18) passed by the respondent/Board is liable to be struck down being repugnant to notification dated 09.06.2021 (Annexure P/23) issued by the NCTE, in terms of Article 254 of the Constitution of India? % $7 &$&#4# """ >#& # &# &7 #& $' & "$ 0 # 7& PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document # &$# = # 4# #& $ # C %# # & $ 4 $#& $>#& & : 4#73F?# G 7 5=- 5 5=== # 5 #& # = <& " "#7&'1 “ Co/ordination and determination of standards in institutions for higher education or research and scientific and technical institutions. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.” 0 3 $? ))45= ? 45===/ & "7&#"' $# 4&77 G7& #" # ! " #$ ! %&&' %(' 0 $& 4 ;"'# ? ))45=4 #&4 2 & # & < ?# 04 .. 8 F2<?0G' 7 & 4#& $ 2<? < 2<? 7 # ' "" # # 4 ' && 7 PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document # & ""&7& <& " 2<? 0"#7&'1 *,.&*+5&6.+ /(*6)(/ 356*,.&6, )% *+ !!!, (1) This Act may be called the National Council for Teacher Education Act, 1993. (2) +- (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (4) Save as otherwise provided in this Act, the provisions of this Act shall apply to— (a) institutions; (b) students and teachers of the institutions; (c)schools imparting pre/primary, primary, upper primary, secondary or senior secondary education and colleges providing senior secondary or intermediate education irrespective of the fact, by whatever names they may be called; and (d) . . /, In this Act, unless the context otherwise requires,— xxx xxx xxx (ka) “ ” means any recognised school imparting pre/ primary, primary, upper primary, secondary or senior secondary education, or a college imparting senior secondary education, and includes— (i) a school established, owned and controlled by the Central Government, or the State Government or a local authority; (ii) a school receiving aid or grants to meet whole or part of its expenses from the Central Government, the State Government or a local authority; (iii) a school not receiving any aid or grants to meet whole or part of its expenses from the Central Government, the State Government or a local authority; xxx xxx xxx (m) “ 0 ” ! .*1 ! - 2$ "$ + !.2$ -1"#; %3 , PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document It shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and co/ordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this Act, the Council may— xxx xxx xxx (d) $-. 1!!!0 1 2 !1 $ . 4 xxx xxx xxx (g) $- 1+ ! . 0 * ! + ! ! .4 xxx xxx xxx %#5- !!!! , For the purpose of maintaining standards of education in schools, ! $*2$. *!0 1 2. $ 11! $* 1! $*111! $* $* $! .*2$- " ! * 2 ** .2$ 6"! 6"! $7 Provided that nothing in this section shall adversely affect the continuance of any person recruited in any pre/primary, primary, upper primary, secondary, senior secondary or intermediate schools or colleges, under any rule, regulation or order made by the Central Government, a State Government, a local or other authority, immediately before the commencement of the National Council for Teacher Education(Amendment)Act, 2011 (18 of 2011) solelyon the ground of non/fulfilment of such qualifications as may be specified by the Council: Provided further that the minimum qualifications of a teacher referred to in the first proviso shall be acquired within the period specified in this Act or under the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009).” (emphasis added) PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document #7># & 4# ? 5===4 #&4 !$& A "#& ?# 04 .8 F!<?0G'& 7 & ''" # &&& $ ) <!<?0& ""#& $ $"" # 7 F# G<& " "# 7&'1 .7), ).+3/(&,!/((*&38-5+1/9 356*,.&6, “/, In this Act, unless the context otherwise requires,— (a) “ 111 6"!” means— (i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government; (ii) in relation to a school, other than the school referred to in sub/clause (i), established within the territory of— (A) a State, the State Government; (B) a Union territory having legislature, the Government of that Union territory; ka) “ ” means any recognised school imparting pre/ primary, primary, upper primary, secondary or senior secondary education, or a college imparting senior secondary education, and includes— (i) a school established, owned and controlled by the Central Government, or the State Government or a local authority; (ii) a school receiving aid or grants to meet whole or part of its expenses from the Central Government, the State Government or a local authority; PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document ) (iii) a school not receiving any aid or grants to meet whole or part of its expenses from the Central Government, the State Government or a local authority; 8 9 11! ! " , (1) #$ 1 1. !!! 0 * - 2$ ! $* 2$ 6"!*2$ * 2 .2 11! xxx xxx xxx (emphasis added) E 7 $ :+ 8? 4 "#7& (C= 42<?'$ Facademic authorityG 8!<?0< &&'1 “:3#: New Delhi, the 31st March, 2010 S.O. 750(E)./In exercise of the powers conferred by sub/section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, 6"!2$ ! $ $- !!! 0 1 2 .2 11! ” (emphasis added) ) 0"#& " /& & 2<?7"# # "" # # A#4 ;"'# 8!<?04 2<?#$#& 80 ;#'" PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document + <?&$7& <8<?<27& 4 $#& 80 ;# 7 # "& 4 7 # #47 $4 2<?0 !<? 0 $#& 80 ;# $&& & "<?< '#&7 7 appropriate Government,'&"& $ #"" & + <"#7&'1 )30$ " $1 11. The appropriate Government should conduct a TET at least once every year. ; $ 5 0 $. 11!- 22$ 111 6"!2< ! +!!"$ . But there will be no restriction on the number of attempts a person can take for acquiring a TET Certificate. A person who has qualified TET may also appear again for improving his/her score.” (emphasis added) + #7># & 4 . ) 80 ;# 4 2<? $#& 80 ;#; & <?< &4 #73# 7 appropriate Government $ '. 0 && 42<? ;"&"#& # &# 4 $ $ " ""& 4 ' # $ &$#& 80 ;# < . ) 80 ;#&&'1 ) 2< + " $ 1 .2 $ . . PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document , Madam/Sir. In accordance with the decision of the National Council for Teacher Education in its 50th General Body Meeting and the approval of the MoE vide letter No. 21/3/2021/IS.1 dated 7th June, 2021, 1 %% of the Guidelines for conducting Teacher Eligibility Test (TET), issued by NCTE vide letter no. 76/ 4/2010/NCTE/Acad. dated 11/02/2011 which is “The Validity Period of ТЕТ qualifying certificate for appointment will be decided by the appropriate Government subject to a maximum of seven years for all categories.” shall be 2 by, “ ; $ 5 0 $. 11!* -2$ 111 6"!*- ! " .” 2. The other sentences of para 11 remain the same. 3. 1"- "1"! ! 6 %%((%%* =$> 6"> ? $ " > -1@" $ 1” (emphasis added) &,/*3.6,/9 :(65,.;(&1,/56,.&13*,(3 0&&(:5/( 2.115(3'9,)(,*,(;(/&8(&, , 0&"7# # . ) 80 ;#7 2<?4" % ( #"#$ ) , 80 ;#, &; $& <?<@<?< &'4 '& . ) 80 ;#"&& & & <?< ""&7& retrospectively ' ' $#& 80 ;# ' $ && "& 4" %$ $ PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document . & & <?<@<?< prospectively ' ) , # "#$ 80 ;#,< "#7&'1 “A $ 6"! /1 !* . (#.*(' :/ %>(%@%/ The State Government has decided to extend the validity period of certificates pertaining to passing of State Teacher Eligibility Test/Haryana Test Eligibility Test for !. Further, it is also decided that the .2 $ >A $ .2 $ +1 - 2 " "! ! ” (emphasis added) . =""" %4"#$ ) , 80 ;#,4# >## ' <?< invalid # #" ) , 47valid& " =" . ) 80 ;# & " ( ' " "& $ $ & & 5 # & " & " “unless otherwise notified by the appropriate Government,” . ) 80 ;#47# &'4# $# 7 PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document 0# . ) 80 ;# / "## 7' ( 47 $ appropriate Government4& " $ #" # & <?< <">#7 & # &" 4 4&&'“The ; $ 5 of TET qualifying certificate for appointment, - 2$ 111 6"!, would remain valid for a lifetime.” <#4& &7 " '&' && $& $& "= '4 ( " ; & <?< 44& $" "47 " $ """ 2&4 $ . ) 80 ;# ( "' #" """& $#& 80 ;# '&& !4 "#& 7 7 &# . ) 80 ;# 4 ' $&& ' " <?< $#& 80 ;# 0 && 4&#&/ #7 #" #4 &# $( 4&#<?< ' &"47 + A#4"Iunless otherwise notified by the PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document appropriate Government,” &# 4 # # $"""& ' #73 ( &1,.,5,.&*+".8.,*,.&1& :(65,.;(6,.& ,)(,*,( = '#& 7 "7& "# &&' $ # & " 7& $# 1 )# %++"1- Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws: Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof. # '$2- -! 2$5 ! - ! 2$. (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. (2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State. # :2 . The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. # @ " (1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.” 0 "#& #4 2<? "& 4 7 # "' "7 # # # !<?04 & &$& 27& 42<?0'"# ? ))45=- 5'&!<?0'"# ? 45=== # 54 #& # = = # 7 " #&' 7 & #" = '4 ""'&$& #73 5 = - 54 '& & &' #"&''"#73& 5=== # 54 0& # = PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document 27& 4$#& 80 ;# 7 #7 2<? ;"' "& #47 $ $&''4 ) , 80 ;# , # 7 " %4 ( "#& 7 2<?$ $ """& && 5 # & " 8$#"#$ ) , 80 ;#,7 0& # 47 $"#$ . ) 80 ;# &' 7 & "&#"4#73 5= 5 === = " #& ;4 # " $# "#$ 7 & # & " 8 &7& 7 3 < & $#$ 0& # = /& "#$ & ' &7' law 7 & law 7 5$&#A#4stricto senso # ‘law’ && 4 ' & 7 04 : #7 &$& 7& 00$4 &7"7& 3#$ 7 # % G7&#" # B " *%&@&# C&C*' ""& "#$ 0& # = 47 # ""/ $#$6# AC&0&4&&' $' &#1 PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document “8. It would be seen that so far as clause (1) of Article 254 is concerned it clearly lays down that where there is a direct collision between a provision of a law made by the State and that made by Parliament with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the State law would be void to the extent of the repugnancy. This naturally means that where both the State and Parliament occupy the field contemplated by the Concurrent List then the Act passed by Parliament being prior in point of time will prevail and consequently the State Act will have to yield to the Central Act In fact, the scheme of the Constitution is a scientific and equitable distribution of legislative powers between Parliament and the State Legislatures. First, regarding the matters contained in List I, i.e. the Union List to the Seventh Schedule, Parliament alone is empowered to legislate and the State Legislatures have no authority to make any law in respect of the Entries contained in List I, Secondly, so far as the Concurrent List is concerted, both Parliament and the State Legislatures are entitled to legislate in regard to any of the Entries appearing therein, but that is subject to the condition laid down by Article 254 (1) discussed above. Thirdly, so far as the matters in List II, i.e. the State List are concerned, the State Legislatures alone are competent to legislate on them and only under certain conditions Parliament can do so. It is, therefore, obvious that in such matters 1. $! $ ! -.! :/ 1. D1" # # $ 2 $ 2 * #- 1" # - 2!""-1. $ 2. D -"* - 1 2$ ! - -1 2$5 ! $ * # 1" + 1. $ 1" # - 2! " 1" # 2 1 - # ' 3. Where a law passed by the State Legislature while being substantially within the scope of the entries in the State List entrenches upon any of the Entries in the Central List the constitutionality of the law may be upheld by invoking the doctrine of pith and substance if on an analysis of the provisions of the Act it appears that by and large the law falls within the PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document four corners of the State List and entrenchment, if any, is purely incidental or inconsequential. 4. Where, however, a law made by the state Legislature on a subject covered by the Concurrent List is inconsistent with and repugnant to a previous law made by Parliament, then such a law can be protected by obtaining the assent of the President under Article 254 (2) of the Constitution. The result of obtaining the assent of the president would be that so far as the State Act is concerned, it will prevail in the State and overrule the provisions of the Central Act in their applicability to the State only. Such a state of affairs will exist only until Parliament may at any time make a law adding to, or amending, varying or repealing the law made by the State Legislature under the proviso to Article 254.” xxx xxx xxx 35. On a careful consideration, therefore, of the authorities referred to above, the following propositions emerge:/ 1. 01. $! 2 - - ! 2 1"* $ . 1 ! 2. That there can be no repeal by implication unless the inconsistency appears on the face of the two statutes. 3. That where the two statutes occupy a particular field, but there is room or possibility of both the statutes operating in the same field without coming into collision with each other, no repugnancy results. 4. That where there is no inconsistency but a statute occupying the same field seeks to create distinct and separate offences, no question of repugnancy arises and both the statutes continue to operate in the same field.” (emphasis added) ) 0#4 "#$ & 7""&' 7' '&$& 47 & PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document ) 5$&#4"& 4 #73 5=== # 54 #& '4 4 "#$ ) , 80 ;# , # 7 ( " %4 #;# # <#40& # = " &#&&"# &7 $7' ' + % 40&) # = & /&;#"'; ' ; &$&"'"& "#4 & #;# # & '5$&#" &$& $"#$ ) , 80 ;#, # ;# # 4#$7 & 0&) # = < $#& $# &&# ? ))5=4$ $& ;&# : 4#73# ? 5===4#$7 #73" ? ) ))5= , 0$4'#&7"7&2<? & 4 # ' " 7& $#&# 7 ' & 2<? 08 # ? ))45= !<?08 # ? 45==== ;"'# #42<?# PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document + $#& 80 ;#4#4 &&# 7Parliament/made law.<4 &7 7& &# &$#& # #"7 & &$& # 75= 5===47 "& $ 7$ 5$&#&$& &# , 0&) # = && "#& ;#"'( & 7; #73 #" '5$&## &$&<# 7$ ' 7 ;&$&"' 4&7 7# / ;;# "'0""& $" "&" 4 2<?4# 7 "'7 & 4& "7<?< $#& 80 ;# 4 #7># & 7 . ) 80 ;#4( 7 7 # $;# # 7 "#$ ) , 80 ;# , "& "#4 ' # "7 "## "& &$& & ""& 4 ( " "' 7 &$& ;# . 4 '& & $ ' / 7 & &$& 4'6#$7 G7& PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document , #"# #$ ! 1 4 "/ $#$6#%' 4" &&'1 “43. What emerges from the above discussion is as follows: [i] +1E E$ " ! $! " ! ! - "-. ! 1 . .*! 1 " 1!** $ !" 1 2 1". 1 - ** 1- . - $1" - - ! ? E E!12 1- 2 2 $ " !1 . * ! 2 ." . 1 +1 [ii] + . - . .!11 "2! $2 1 . . 2 . ! 2$ $."$ *- 2" 1 " [iii] If there is a conflict between the two legislations, unless the State legislation is saved by the provisions of the main part of clause [2] of Article 254, the State legislation being repugnant to the Central legislation, the same would be inoperative. [iv] Whether the State law encroaches upon Entry 66 of the Union List or is repugnant to the law made by the Centre under Entry 25 of the Concurrent List, will have to be determined by the examination of the two laws and will depend upon the facts of each case. [v] When there are more applicants than the available situations/seats, the State authority is not prevented from laying down higher standards or qualifications than those laid down by the Centre or the Central authority to short/list the applicants. When the State authority does so, it does not encroach upon Entry 66 of the Union List or make a law which is repugnant to the Central law. PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document . [vil However, when the situations/seats are available and the State authorities deny an applicant the same on the ground that the applicant is not qualified according to its standards or qualifications, as the case may be, although the applicant satisfies the standards or qualifications laid down by the Central law, they act unconstitutionally. So also when the State authorities derecognise or disaffiliate an institution for not satisfying the standards or requirement laid down by them, although it satisfied the norms and requirements laid down by the central authority, the State authorities act illegally.” (emphasis added) . A#4'6#$7 G7&#"# 5 " "B! 5 ? *(%@# 8%4 &#& & #7 2<?47 $ # !<?0'&&# 02<?047 $ # # 7# &$ '"/ $#$6#0*# (&4&&' $'" 1 “16. ! 2 * . F ! $F 8 #* 8% * (%( 2$ 6"! - % %##* - !1 8#.*(%( %%32 $*(%% 6"!- 2 . 1 ." $ $ However, since NCTE itself has taken the stand that notification dated 11th February, 2011 with regard to the weightage to be given to the marks obtained in TET is not mandatory which is also a possible interpretation, the view of the High Court in quashing the 15th Amendment to the 1981 Rules has to be interfered with. Accordingly, while we uphold the view that qualifications prescribed by the NCTE are binding, requirement of weightage to TET marks is not a mandatory requirement.” (emphasis added) PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document . 0 '6#$ 7 G7& #" # ; /" "$ $ " 5 (%8 %@# # 2<?#"# $ $ "" # "/ $#$6#' *#4&&' $'&1 “39. This is the scheme of grant and/or refusal of the recognition to an institution dealing with various courses of teacher training programme. 40. Under the scheme of the NCTE Act, there are three principal bodies involved in processing the applications for grant or refusal of recognition for running of teacher training courses by various institutions. They are the NCTE, the State Government, the affiliating body or the University, as the case may be. Each of these stakeholders has been assigned a definite role under the provisions of the NCTE Act and even the stage at which such role is required to be performed. The provisions of the NCTE Act even identify the scope and extent of power which each of these bodies is expected to exercise. As already noticed, # 2 - 2< . - "- "1 " 1! $!.$ ! 11! $! 1 2$ +1 1! " .. .* . ! 11! *1 ..+1 ! 1# . !. 41. # 1 " 1 * . ** "1 " - No institution or body is empowered to grant recognition to any institution under the NCTE Act or any other law for the time being in force, except the NCTE itself. Grant of recognition by the Council is a condition precedent to grant of affiliation by the examining body to an institute. xxx xxx xxx PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document 48. # 2 2$5 !- $ ; 11-" . " $ " $ 1" . 2 * * . * ! "4 " . 2 1! $"2$ * + $ . "1-$* 2 - 2 1. - D" - 2 - -* -!."- $ " -+ 1. - - 1! $ - 1 * . . 1. !!…” (emphasis added) . 0'6#$7 G7&#"# 5 "# B! G "*(%C%8 (4&<?< 7 >#& &' 7 2<?# 8!<?04 7&#7 "/ $#$6#0*#(&4&&' $'71 “927 14. Thus, questions which need to be gone into are: i) Whether under the scheme of appointment of Shiksha Mitras, they could be treated as teachers appointed as per applicable qualifications? ii) If Shiksha Mitras were not duly appointed teachers, could they be regularised as teachers? iii) Whether qualification laid down under Section 23(1) of the RTE Act was applicable or stood relaxed in the case of Shiksha Mitras? PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document iv) Whether statutory qualifications in a Central Statute on a concurrent list subject could be relaxed by a State legislative/administrative action? xxx xxx xxx : 7 xxx xxx xxx 18. In the impugned judgment the Full Bench of the High Court highlighted the importance of the prescribed TET qualification as follows: "93. The object and purpose of introducing the TET is to ensure that a teacher who embarks upon instructing students of primary and upper primary classes is duly equipped to fulfil the needs of the students, understands the relevance of education for a child at that stage and can contribute to the well rounded development of the child. Teaching a child is not merely a matter of providing information. Deeply embedded in the process of imparting education is sensitivity towards the psyche of the child, the ability to understand the concerns of a young student of that age, the motivations which encourage learning and the pitfalls which have to be avoided. !1 . ! 0 $ !1 . 1! $ 0!- "2 -2$ !1 12 11 2$ . !1 ! -2 . 1 .- " 1!0! 2"-! $ ! .". 1 - !1 $! These norms are intended to fulfil and protect the needs of those who are taught, namely, young children. India can ignore the concerns of its children only at the cost of a grave peril to the future of our society. The effort of the State Government to by/pass well considered norms which are laid down by NCTE must be disapproved by the Court. We have done so on the ground that the State Government lacks the legislative power and competence to do so. Equally, fundamental is the concern that a relaxation of the norms prescribed by an expert body will result in grave detriment to the development and growth of our young children and the provision of quality PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document education to them. Providing quality education is crucial for students belonging to every strata of society. Education which is provided in schools conducted by the Basic Education Board should not be allowed to degenerate into education of poor quality which it will, if the norms which are prescribed by an expert body under legislation enacted by Parliament in the national interest are allowed to be ignored by the State Government on the basis of parochial or populist perceptions. Such an attempt is ultra vires the statutory powers of the State and is arbitrary and violative of Article 14 of the Constitution." 19. We are in agreement with the above observations. D 2 . " 0 . 2 - .. . "! - + < # %' ! Consideration for career of 1.78 lac Shiksha Mitras, over and above their legal right, cannot be at the cost of fundamental right of children to free quality education by duly qualified teachers in terms of legislative mandate. xxx xxx xxx 21. We are in agreement with the above findings. "- ! - $ 0. !!! 0 11! 2 11 8#.*(%(*2 11!- 1!2 -0 . Appointments in the present case are clearly after the said date. Relaxation provision could be invoked for a limited period or in respect of persons already appointed in terms of applicable rules relating to qualifications. The Shiksha Mitras in the present case do not fall in the category of pre 23rd August, 2010 Notification whose appointment could be regularized. 22. Further difficulty which stares one in the face is the law laid down by this Court on regularization of contractually appointed persons in public employment. Appointment of Shiksha Mitras was not only contractual, it was not as per qualification prescribed for a teacher nor on designation of teacher nor in pay scale of teachers. Thus, they could not be regularized as teachers. Regularization could only be of mere irregularity. The exceptions carved out by this Court do not apply to the case of the present nature. PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document 23."- ? -" 11 1 11 2 0 "2$ + 8#*$ 2 11 2 8% # !1 +0 ” (emphasis added) . 06#$7 G7&#"# " /$ - ? "$ $ 4 ((& %,&&# #"7 2<? 0 7 #" 7 &$& ;# # "/ $ #$ 6# * <//4&&' $'&1 “45. It is thus clear that the Central Government has considered the subject of Secondary Education and Higher Education at the national level. #%&&8 05 ! $!F.$F NCTE, therefore, in our opinion, is expected to deal with applications for establishing new B.Ed. colleges or allowing increase in intake capacity, keeping in view 1993 Act and planned and co/ordinated development of teacher/ education system in the country. 1 6"! "$ 11 $F 1 $F1! * 2$ 2"* 6"! 1-<1 $ " The action of the State Government, therefore, was contrary to law and has rightly been set aside by the High Court. 46. The decision relied on by Mr. T.R. Andhyarujina ; 2 ? ;$ - 1 ? . " H :*%&C' 8%, has no application to the facts of the case. In that case, the power was with the State Government to grant or refuse permission to open B.Ed. college. Considering the fact that if permission would be granted, there would be a large scale unemployment, it was decided by the State Government not to allow new D.Ed. colleges to be opened. It was held by this Court that such PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document policy decision could not be said to be arbitrary or otherwise unreasonable. The Court in that case was not concerned with the power or authority of State Government vis/a/vis Central Government and Act of Parliament1 * - $12$ $ @ 5 ! %&&8 #* - 1 . + 1- 2$ ! ?. ! !* 1 *- 2" 1 "- 2 ? 2 . " 1 1 2$ 5 !* + 1- 2$ +" 2$.1!F1 $ F The contention of the State Government, therefore, has to be negatived. We may state at this stage that the contesting respondents have placed heavy reliance on Section 12 of the Act which relates to functions of the Council and submitted that it is incumbent on the Council to lay down norms and guidelines for ensuring planned and co/ordinated development of the teacher education and it is not open to the Council to delegate those 'essential functions' to the State Government. According to them, such delegation would be excessive and impermissible and abdication of power by the Council in favour of the State Government which is inconsistent with the provisions of the parent Act and must be held ultra vires. In reply, Mr. Andhyarujuna submitted that the constitutional validity of the Regulations or Guidelines had not been challenged before the High Court and the respondents now cannot be permitted to raise such point in this Court in the absence of the challenge. The respondents, however, urged that since they succeeded before the High Court on other points, it was not necessary for them to challenge the vires of Regulations. But when the State had approached this Court, they can support the judgment on any ground available to them including unconstitutionality of Regulations and Guidelines. In our opinion, it is not necessary to enter into larger question since we are satisfied that in the facts and circumstances of the case, the High Court was justified in allowing the petitions filed by the colleges and setting aside the order dated December 28, 2004 passed by the State Government and also in dismissing the petition filed by the State holding that the order of the State was not legal. We may, however, observe that the learned counsel for NCTE, Mr. Raju Ramachandran is right in submitting that the Guidelines permitted the State Government to collect necessary data and materials and make them available to NCTE so as to enable NCTE to take an appropriate decision. -1"%&&8#* PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document ) 2 ? $2$ ?2$* 2!1 !2$ .1" # - 2$ It has been so held in St. John Teachers training Institute.” (emphasis added) IV. Arbitrary Nature of Impugned Order dated 06.08.2024 (Annexure P- 18). =" & 4$#& 80 ;#, !<?04/ $" & '#"" 0#4 . ) 80 ;#'7 & <?< '; &4'""&7& '&&4"&& 7 " In arguendo4 ) , 80 ;# , &$&& &4 && 7 7& &#<?<4;"#" &" + 4 & & ' . ) 80 ;#<#4"#$ ) , 80 ;#,4" %'' &7 & $ " && # < " %& # 3#$ &$7& & $7 && <?< ;" ) , 0 && 4 & 7&& <?< 7" 7 #7 $7 #$& # 7& PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document + A#4 " $ "#$ ) , 80 ;# ,4 " % $$ 7' $ #&<?<&' 7 #7 2<?0 74 &&$7& & $#" $ ""& $4 & ;#73/47 "# 7 " && # && & = 7 4 # & 7 " >#& 0& # = ! $ &73#$ 7 6#$% 5< 2 " ; # (%@' %%&4' "/ $#$6# !*0$'&4&&' $'" 1 “14) It is a cardinal principle of law that government has to abide by rule of law and uphold the values and principles of the Constitution. Respondents herein alleged that creating an artificial distinction between the persons in the same cadre would amount to violation of Article 14 i.e. equality before law and hence, such an act cannot be sustained. The doctrine of equality is a dynamic and evolving concept having many dimensions. # %'%C*2 . 0 $2 - 0 1 -* - ! - ? 2< ". 0 $*! !1 $!- . # %' 2 . 2 2 2 D $ $1" 1". . $# %'*" $ 2 -* ! $* - 22 .2 - . 1 . .1.! .1* 0! " 2 +2< PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document , . 2 " 2$ $ 1" 0 In other words, there must be some rational nexus between the basis of classification and the object intended to be achieved by the Statute or the Rule.” (emphasis added) 40&) # = " >#& ""# && C "#7& "& 4 7 7 $ ;" $>#& $# 7 0& : 4 "& && & C 4# #$7 7 # & 70& ) # !& $ 7"& 3#$ 7 # % # 5$ 11 " ! %&@'# ' 4"/ $#$6#2%$'4&&' $' " 1 “82. The last two grounds of challenge may be taken up together for consideration. Though we have formulated the third ground of challenge as a distinct and separate ground, it is really in substance and effect merely an aspect of the second ground based on violation of Articles 14 and 16. Article 16 embodies the fundamental guarantee that Article 14 as there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Though enacted as a distinct and independent fundamental right because of its great importance as a principle ensuring equality of opportunity in public employment which is so vital to the building up of the new classless egalitarian society envisaged in the Constitution, Article 16 is only an instance of the application of the concept of equality enshrined in Article 14. In other words, # %'. - # % 1# %." 0 $ ! . 12 !1 $! 2 11 -**!2# %' %0 $ 2 . ! Now, what is the content and PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document . reach of this great equalising principle ? It is a founding faith, to use the words of Bose J., "a way of fife", and it must not be subjected to a narrow pedantic or lexicographic approach. We cannot countenance any attempt to truncate its all/embracing scope and meaning, for to do so would be to violate its activist magnitude. Equality is a dynamic concept with many aspects and dimensions and it cannot be "cribbed cabined and confined" within traditional and doctrinaire limits. 3! 1"1"-*0 $ 2 0 $ 2 -!42 . - 12 - *-! 1 2 ! D 2 $!1 0 2 .1 . - " "# %'* $! .12 !1 $!* " "# %# %' %? 2 0 $ ! They require that ! 2 2 " " 11 11 2 ? ! $ !2 .2$ $ + " 2 - 2 0 $ Where the operative reason for State action, as distinguished from motive inducing from the antechamber of the mind, is not legitimate and relevant but is extraneous and outside the area of permissible considerations, it would amount to mala fide exercise of power and that is hit by Articles 14 and 16. Mala fide exercise of power and arbitrariness are different lethal radiations emanating from the same vice in fact the matter comprehends the former. Both are inhibited by Articles 14 and 16.” (emphasis added) < # #7 " % ) , 80 ;# , # 7& # " && # < #" 4'" (supra)# , ' " && 3 80 ;# 4 $# <?< &" PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document 4#" ;" + & "0"# 74# &# # 3# &' < . ) 80 ;# 7' & & <?< ' 4 #73 # 7 ( 4 $ ' @" % & # $ ) , 4 # (supra) ) 4<?<" && ' A#4 " % ; 3# 7 $ " ""& ; & <?< 4 "&& ' $ $ # # 2<? "&& . ) 80 ;# < ( '& $#" # & <?< H '" """& # 0 && 4# 7& '<?<" 7;" "#" ) '&&& # # " " ) , # "#$ 80 ;#,7 " % PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document $"$ = '# 74># &' 7 ' &&' $ 1 i. The respondents erred in giving prospective effect, w.e.f. 06.08.2024, to the lifetime validity of HTET certificates vide impugned order (Annexure P/18). Such decision of the respondent/Board directly conflicts with the notification dated 09.06.2021 (Annexure P/23) issued by the NCTE, which explicitly mandates retrospective application w.e.f. 11.02.2011, the date of enforcement of the TET Guidelines (Annexure P/22). ii. Article 254 of the Constitution of India does not find application in the present case as the doctrine of repugnancy applies when the matter pertains to contradictory laws passed by the Central and State Legislatures, respectively. However, the executive instructions issued by the State Government i.e. respondent/Board vide impugned order dated 06.08.2024 (Annexure P/18) denying retrospective applicability to lifetime validity of TET certification in contravention of notification dated 09.06.2024 (Annexure P/23) issued by the NCTE, is liable to be set aside to this extent in view of Article 162 of the Constitution of India. ) 0 $& 4&& " &&' &&' $1 8 < ) , 80 ;# , # 7 " % # + , 80 ;# .#7 " ; & $ PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document ""& & & < ?&$7& < 8<?<@ < ?&$7& < 8<?< # ) , 8 < 80 ;# " 7 " ' #" 7 # " && &7&3 47 ># 8 <" @ # & <?< " && # & . ) 80 ;##7 2<? 8 " "" '"## "7 #4 '#&7&7 " 7 " @ # ># $ # "" < " @ # "" 4'# &$7&4 ""/ $ $' '/"#" 8= "" " 4& &&7 &" & 3 $ '4 &7 &&7&#& 3 $ 74 & " $ & PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document + $ && # ""& 84 4 && & " , 0 "" 7 "& & 0 2 % Puneet Chawla "/ $@ 1J@2 !"7&1 J@2 PUNEET CHAWLA 2026.08.14 16:52 I attest to the accuracy and integrity of this document