Judge. The argument raised by the appellant is based on the fact that the degree of B.P.E., obtained by him from MDS University, Ajmer, is recognized by the NCTE. He had taken admission in the college in B.P.E. course in 1994 and had passed out on 07.06.1997, much before the qualification prescribed in the Schedule under the NCTE Regulations, 2001 had come into force. His submission that B.P.E. is three years course and that when the graduates with B.P.Ed. course are eligible for appointment as PTI Grade-II and PTI Grade-III, the appellant holding the Bachelor's Degree in Physical Education, cannot be held disqualified for the post, overlooks the qualifications prescribed in the NCTE Regulations, 2001. The object and purpose in enacting the National Council for Teacher Education Act, was to standardise the teachers education in the country. After the 42nd Amendment in the Constitution, the power to legislate on professional and technical institutions and determination of standards of education therein can be traced to Entries 65 and 66 of List 1 of the 7th Schedule to the Constitution. The subject of 'education including universities', included in Entry 11 in List II was deleted. The 42nd Amendment substituted it in Entry 25 in List III subject to the provisions of Entries 63, 64, 65 and 66 of List I. By virtue of re-allocation of power, the State also have power to legislate on education, regulate the establishment and maintenance of educational institutions, but in exercise of the power, the State Government cannot make rules contrary to the standards prescribed under the Central legislation.
