S. B. SINHA, J. ( 1 ) THE writ appeal and the writ petition involving common questions of fact and law were taken up for hearing together and are being disposed of by this common judgment. ( 2 ) WHETHER Dakshina Bharat Hindi prachara Sabha (for convenience sake hereinafter referred to as sabha ) is a State or deemed University is the question involved in these two matters. ( 3 ) THE question arose in the following circumstances: ( 4 ) THE Sabha issued a notification on 13. 6. 2000 calling for applications for admission into B. Ed. , (Hindi Medium) regular course. The appellant-writ petitioner in WA No. 1703 of 2000 applied for the same and was successful in the Entrance examination conducted on 5. 7. 2000. The Principal of the Sabha issued a letter dated 29. 7. 2000 informing him that he has been provisionally selected and directed him to contact him for fee particulars. When he approached the Principal with all the relevant certificates, he was directed to pay a sum of Rs. ,25,000/- towards admission fee. It is the case of the appellant that originally the Sabha was collecting Rs. 750/- towards admission fee which was enhanced to Rs. 6,000/- during the academic year 1998-99 and now it was enhanced to rs. 25,000/ -. It was contended that the sabha having been established with the aid of the Government of India couldn t be permitted to collect such huge amounts. ( 5 ) THEREFORE, the appellant prayed for issuance of a writ or order in the nature of writ of mandamus directing the respondents 1 to 3 to give him admission into B. Ed. , (Hindi Medium) Course in the academic year 2000-2001. ( 6 ) THE learned single Judge dismissed the writ petition holding that Sabha is an institution functioning under the Central Act 14 of 1964 and does not come within the ambit and purview of State Act 5 of 1983 or rules promulgated thereunder by the government of Andhra Pradesh and neither state Government nor the Commissioner of School Education can exercise any control over the affairs of the Sabha and accordingly dismissed the writ petition. ( 7 ) WRIT Petition No. 7304 of 2001 is filed by eight petitioners who are pursuing b. Ed. , Course in Sabha for the academic year 2000-2001. ( 7 ) WRIT Petition No. 7304 of 2001 is filed by eight petitioners who are pursuing b. Ed. , Course in Sabha for the academic year 2000-2001. At the time of admission into the course they were asked to pay rs. 25,000/- and they paid part of the said fees ranging from Rs. 10,000/- to Rs. 15,000/ -. 2002 (2) FRF-30 however, they were not issued application forms for appearing the examination on the ground that they did not pay arrears of tuition fee. According to the petitioners, the Sabha has to charge fee only as fixed by the State Government/university as contemplated by National Council for teacher Education Act, 1993 and not otherwise. The Government of A. P. issued g. O. Ms. No. 91 Education CSE T. R. G. I dept. , dated 5. 8. 2000 fixing fee of Rs. 3,800/ p. A. in aided B. Ed Colleges, Rs. 10,800/- p. A. in unaided B. Ed. , Colleges and Rs. 260/- in Government B. Ed. , Colleges. Therefore, the Sabha cannot demand Rs. 25,000/- as tuition fee. ( 8 ) THE question that arose before the learned single Judge is as to whether the sabha comes within the purview of Act no. 5 of 1983 known as A. P. Educational institutions (Regulation of Admissions and prohibition of Capitation Fee) Act, 1983. It is not in dispute that admission fee prescribed by Sabha is Rs. 25,000/- whereas the State has prescribed only a sum of rs. 10,000/- in respect of unaided B. Ed. Colleges. ( 9 ) THE Sabha was constituted under dakshina Bharat Hindi Prachar Sabha Act, 1964 (Act No. 14 of 1964) whereby and whereunder it was declared to be an institution of national importance. It was empowered to grant degrees, diplomas and certificates for developing and promoting proficiency in Hindi and in the teaching of hindi. It, however, stands admitted that it does not get any aid or fund from the respondents 4 and 5. ( 10 ) SECTIONS 3, 4 and 5 of Act No. 14 of 1964 are as follows: 3. Whereas the objects of the institution known as the Dakshina Bharat Hindi Prachar sabha are such as to make it an institution of national importance, it is hereby declared that the Dakshina Bharat Hindi Prachar Sabha is an institution of national importance. 4. Whereas the objects of the institution known as the Dakshina Bharat Hindi Prachar sabha are such as to make it an institution of national importance, it is hereby declared that the Dakshina Bharat Hindi Prachar Sabha is an institution of national importance. 4. Notwithstanding anything contained in the university Grants Commission Act, 1956, or in any other law for the time being in force, the Sabha may hold such examinations and grant such degrees, diplomas and certificates for proficiency in Hindi or in the teaching of hindi as may be determined by the Sabha from time to time. 5. (1) The Sabha shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed by the Central government. (2) The accounts of the Sabha shall, once at least in every year, be audited by Chartered accountant in practice within the meaning of the Chartered Accountants Act, 1949, to be appointed annually by the Sabha. Provided that no member of the Sabha who is Chartered Accountant or a person who is in partnership with such member, shall be eligible for appointment as an auditor under this section. (3) Every auditor shall, in the performance of his duties, have at all reasonable times access to the registers, books of account, records and other documents of the Sabha or of any committee, council, board or branch of the Sabha. (4) As soon as may be practicable at the end of each year, the auditors shall submit their report to the Sabha and shall also forward a copy thereof to the Central Government for its information. ( 11 ) ACCORDING to Mr. Nuty Ramamohan rao, learned Counsel appearing on behalf of the respondents, Sabha is a deemed university as it is entitled to award degrees or diplomas. It has further been submitted that having regard to the fact that Parliament has enacted National Council for Teacher education Act, 1993 (Act 73 of 1993) the entire field is occupied by the central legislation including as regards fee structure. It has further been submitted that having regard to the fact that Parliament has enacted National Council for Teacher education Act, 1993 (Act 73 of 1993) the entire field is occupied by the central legislation including as regards fee structure. Section 12 of the said Act so far it is relevant for the purpose reads as follows: it shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and co-coordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes off performing its functions under this Act, the Council may: (e) Lay down norms for any specified category of courses or trainings in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of curriculum; (g) lay down standards in respect of examinations leading to teacher education qualifications, criteria for admission to such examinations and schemes of courses or training. (h) lay down guidelines regarding tuition fees and other fees chargeable by recognised institutions. ( 12 ) IT may be noted herein that the government of Andhra Pradesh by reason of G. O. Ms. No. 68 Education (Training-1) department, dated 10. 5. 1995 has recognised the B. Ed. , Degree (Hindi Medium) conducted by Sabha as equivalent to that of B. Ed. , degree of the Universities in Andhra Pradesh state and also for the purpose of appointment/promotion in schools in the andhra Pradesh. ( 13 ) THE norms and standards for teacher education institutions have been published by the National Council for teacher Education, which inter alia, provides for salient features of an institution of secondary Teacher Education. Clause 5. 4 thereof reads thus: all staff shall be appointed on full time and regular basis. Properly constituted Selection committee will select the candidates for all positions. In the Selection Committee for teaching staff, there should be one nominee of the NCTE and at least one of the university/the Government as required by local rules. The salary structure of teaching staff should be as per UGC norms. Clause 8. 3, which deals with fee structure and scholarship, reads thus: 8. 3 Fee Structure and Scholarship. In the Selection Committee for teaching staff, there should be one nominee of the NCTE and at least one of the university/the Government as required by local rules. The salary structure of teaching staff should be as per UGC norms. Clause 8. 3, which deals with fee structure and scholarship, reads thus: 8. 3 Fee Structure and Scholarship. Essential: the fee structure should be as decided by state Government/university, from time to time, subject to the condition that the total annual receipts from student does not exceed the total recurring expenditure of the institution for the course and that the individual fee doesn t exceed the per student recurring expenditure as estimated by NCTE. Desirable: provision of some free-studentship for meritorious poor students. Provision of some scholarships on the basis of merit. ( 14 ) IN exercise of the power conferred under Section 14 (3) (a) which deals with recognition of teacher education institutions, the Southern Regional Committee of national Council for Teacher Education, a statutory body of Government of India, issued an order dated 11. 7. 2000 granting recognition to Dakshin Bharat Hindi Prachar sabha College and Pracharak Vidyalaya, machavaram, Vijayawada, Andhra Pradesh to B. Ed. , Course of one year duration from the academic session 2000-2001. Paragraph 5 of the said order clearly stipulates as under: tuition fee and other fees will be charged from the students as per the norms of the affiliating University/state Government till such time NCTE regulations in respect of fee structure come into force. ( 15 ) THE State of Andhra Pradesh has enacted Act No. 5 of 1983 to provide for regulation of admissions into Educational institutions and to prohibit the collection of capitation fee in the State of Andhra Pradesh. Section 7 deals with regulation of fees. ( 16 ) THE State Government in exercise of the powers under Section 7 (1) of the capitation Fee Act, issued orders in G. O. Ms. No. 91 Education Department dated 5. 8. 2000 regulating the fee structure in private aided and un-aided Colleges of education. The notification issued thereunder reads as follows: in exercise of the powers conferred by subsection (1) of Section 7 of the Andhra Pradesh educational Institutions (Regulation of admission and Prohibition of Capitation Fee) act, 1983 (Act No. 5 of 1983) and in modification of the orders issued in G. O. Ms. The notification issued thereunder reads as follows: in exercise of the powers conferred by subsection (1) of Section 7 of the Andhra Pradesh educational Institutions (Regulation of admission and Prohibition of Capitation Fee) act, 1983 (Act No. 5 of 1983) and in modification of the orders issued in G. O. Ms. No. 16 Education Department dated 16th January, 1991, the Governor of Andhra pradesh hereby prescribe the revised pattern of tuition fee and special fee to be levied and collected by the Colleges of education in the State with effect from the academic year 2000-2001 as specified hereunder: ( 21 ) BEFORE adverting to the aforementioned question, the submission of Mr. Ramamohan rao to the effect that the entire field is covered in terms of Entries 62, 63, 64 and 65 of List I Seventh Schedule of the Constitution may be examined. Entry 25 of List III reads thus: 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. ( 22 ) HOWEVER, in our opinion, it may not be necessary to delve deep into the matter having regard to the fact that the matter has since been considered by a Full