( 1 ) SINCE common questions of law and fact arise for consideration in all these petitions, by consent of the learned counsel for the parties, they are taken up together for final disposal, even though they are listed for preliminary hearing. ( 2 ) THE petitioners have challenged condition no. 10 (b) to Appendix-5 to the National council for Teacher Education (Form of Application for Recognition, the Time Limit of Submission of Application, Determination of Norms and Standards for Recognition of teacher Education Programmes and Permission to Start New Course or Training) Regulations, 2002, (for short, 'the Regulations') which provides for creation of an endowment fund of Rs. 5,00,000/-, to be operated jointly by the authorised representatives of the management and the concerned Officers of the Regional Committee of the National council for Teacher Education in case of unaided institutions. ( 3 ) THE petitioners have filed applications before the 1st respondent for grant of recognition to D. Ed, course for the academic year 2004-2005. They are aggrieved by the condition that the applications should contain original fixed deposit receipt of Rs. 5,00,000/- towards endowment fund: or the creation of an endowment fund as a precondition for making an application for grant of permission to start D. Ed, course. It is their case that they have filed application along with the demand draft for a sum of Rs. 40,000/- accompanied by the copies of the supporting documents. The 1st respondent refused to accept the application on the ground that the applications are incomplete, since the applications did not contain the endowment fund of Rs. 5,00,000/ -. The petitioners have also contended that the applicants are from rural areas catering to the needs of the rural population and that creation of an endowment fund as a condition precedent for making an application virtually prevents them from starting D. Ed. course. Thus, the said condition is ultra vires of the National Council for Teacher Education act, 1993 (for short, 'the NCTE Act' ). ( 4 ) THE respondents have filed their objections inter alia contending that as per the regulation 3 (1), the institutions have to submit their application seeking recognition of the Council and one of the essential conditions is the production of a fixed deposit receipt in original for a sum of Rs. 5,00,000/- towards endowment fund. ( 4 ) THE respondents have filed their objections inter alia contending that as per the regulation 3 (1), the institutions have to submit their application seeking recognition of the Council and one of the essential conditions is the production of a fixed deposit receipt in original for a sum of Rs. 5,00,000/- towards endowment fund. Unless all the essential documents as per the Regulation 3 (1) are not furnished before the 31st December, every year for a course of training starting in the next academic year, the application cannot be considered as complete and cannot be considered for ensuing academic year. It is further contended that the regulations are in conformity with the NCTE act. The stipulation of endowment of Rs. 5,00,000/- indicates financial stability of the institutions. The responsibility of the institution does not end with obtaining recognition from NCTE. It has to impart quality and uninterrupted education to the students. The D. Ed, course is for 21/2 years and the first year students will get promoted to the second year. Again a fresh batch for first year will be admitted. The institutions have the intake capacity of 45 students as granted in the NOC from State Government and hence, there will be 90 students studying in the institution after recognition. The professional career of these 90 students are dependent on how well the institution is managed and if such an institution does not have financial stability, it will affect the smooth functioning of the institution and jeopardise the career of the students enrolled in the institution. Therefore, the institution has to deposit an endowment fund of Rs. 5,00,000/- at the initial stage itself in the name of the management, which will be converted into joint account with the NCTE after recognition. In the event of mismanagement, dispute in the management or financial bankruptcy, the endowment amount deposited will ensure the smooth functioning of the institution, the only alternative remedy provided to the students. ( 5 ) I have heard Sri. Ravivarma Kumar, learned Senior Counsel along with Sri. M. S. Bhagwath, Sri. B. Veerappa and Sri. G. Papi Reddy, learned Counsel for petitioners and Sri. Ashok Haranahalli and Sri. B. Manohar, learned Counsel for respondents. ( 6 ) SRI. Ravivarma Kumar, learned Senior counsel appearing for the petitioners submitted that the Regulations are contrary to the NCTE Act. Ravivarma Kumar, learned Senior Counsel along with Sri. M. S. Bhagwath, Sri. B. Veerappa and Sri. G. Papi Reddy, learned Counsel for petitioners and Sri. Ashok Haranahalli and Sri. B. Manohar, learned Counsel for respondents. ( 6 ) SRI. Ravivarma Kumar, learned Senior counsel appearing for the petitioners submitted that the Regulations are contrary to the NCTE Act. He drew my attention to section 14 (1) of the Act, which provides for recognition of the institution imparting teacher education. He submitted that an application has to be made to the Regional committee concerned in such form and in such manner as may be determined by the regulations. He also drew my attention to sub-section (2) of Section 14, which provides for payment of fee along with the application under sub-section (1) of Section 14 and section 2 (h) of the NCTE Act wherein the word "prescribed" has been defined. He submits that rules have been made in terms of section 31 of the Act. The relevant provision is Section 31 (1) (f) of the Act, which provides for making the rules for payment of fee on the application for obtaining recognition under sub-section (2) of Section 14 of the Act. He argues that when the field of payment of fee is occupied by the statutory rules, the NCTE is not justified in framing separate Regulations for creation of endowment fund. He has relied on the decision of the Hon'ble Supreme Court in the case of sales Tax Officer, Ponkunnam v. K. I. Abraham, reported in AIR 1967 SC 1823 for the proposition that when the Act confers power on the rule-making authority to frame a rule prescribing the form and manner of making an application, the rule-making authority cannot prescribe a different form and manner contrary to the legislative intent. ( 7 ) SRI. B. Veerappa and Sri. G. Papi reddy, learned Counsel appearing for some of the petitioners have also made similar submissions in support of the petitioners. ( 8 ) ON the other hand, Sri. Ashok haranahalli, learned Counsel appearing for the NCTE submitted that the Regulations are in conformity with the NCTE Act. He has taken me through the various provisions of the NCTE Act, the Rules and the Regulations, made thereunder. He submits that rule 9 of the NCTE Rules, 1997, is not applicable insofar as creation of an endowment fund. Ashok haranahalli, learned Counsel appearing for the NCTE submitted that the Regulations are in conformity with the NCTE Act. He has taken me through the various provisions of the NCTE Act, the Rules and the Regulations, made thereunder. He submits that rule 9 of the NCTE Rules, 1997, is not applicable insofar as creation of an endowment fund. It is his submission that in any case, if the petitioners withdraw their application, they are also entitled for withdrawal of an endowment fund. He further submits that the endowment fund will be made in the joint name of the petitioners and the NCTE. The petitioners have to produce the original fixed deposit receipt in their name and that the said amount will be earning interest which will accrue to the benefit of the petitioners. He further submits that if the creation of an endowment fund of Rs. 5,00,000/- is made as one of the pre-conditions, filing of speculative applications could be avoided. Further, rejection of an application after grant of recognition, for want of endowment fund can also be avoided if the creation of endowment is made a condition precedent for making an application. ( 9 ) SRI. B. Manohar, learned AGA has supported the argument of Sri. Ashok haranahalli, learned Counsel for the NCTE. ( 10 ) I have carefully considered the arguments of the learned Counsel made at bar and perused the materials placed on record. ( 11 ) THE Parliament has enacted the ncte Act for establishment of the National council for Teacher Education with a view to plan and carry on the development of teacher education system throughout the country. Chapter I of the Act contains the definitions, Chapter II provides for establishment of the National Council for Teacher education, Chapter III deals with the functions of the Council and Chapter IV provides for recognition of teacher education institutions. Section 14 (1) of the Act states that every institution offering or intending to offer a course or training in teacher education has to make an application to the Regional committee concerned in such form and in such manner as may be determined by the Regulations. Sub-section (2) of Section 14 provides for payment of fee along with the application and sub-section (3) of section 14 provides for consideration of the applications. Section 14 of the Act is as follows : "14. Sub-section (2) of Section 14 provides for payment of fee along with the application and sub-section (3) of section 14 provides for consideration of the applications. Section 14 of the Act is as follows : "14. Recognition of Institutions offering course or training in teacher education: (1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations. Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee. (2) The fee to be paid along with the application under sub-section (1) shall be such as may be prescribed. (3) On receipt of an application by the regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall- (a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or (b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing : provided that before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation. " section 2 (h) of the Act defines the word 'prescribed', which is as follows :- "prescribed" means prescribed by rules made under Section 31. " ( 12 ) SECTION 31 of the Act empowers the central Government to make rules to carry out the provisions of the Act. " section 2 (h) of the Act defines the word 'prescribed', which is as follows :- "prescribed" means prescribed by rules made under Section 31. " ( 12 ) SECTION 31 of the Act empowers the central Government to make rules to carry out the provisions of the Act. Section 31 (1) (f) of the Act empowers the Central Government to make rules fixing fees payable on application for obtaining recognition under subsection (2) of Section 14 and for obtaining permission under sub-section (2) of Section 15. Section 32 (1) of the Act empowers the council to make regulations. It is as follows:- "32. POWER TO MAKE REGULATIONS : (1) The Council may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, generally to carry out the provisions of this Act. Sub-section (2) of Section 32 of the Act contains the matters on which the Council may make regulations. The relevant provisions are as follows :- (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- ********* (e) the form and the manner in which an application for recognition is to be submitted under sub-section (1) of Section 14: (f) conditions required for the proper functioning of the institution and conditions for granting recognition under clause (a) of sub-section (3) of Section 14; a reading of Section 32 makes it clear that the Council is empowered to make regulations not inconsistent with the provisions of the Act and the Rules made thereunder and generally to carry out the provisions of the Act. Section 32 (2) is only illustrative and not exhaustive. ( 13 ) THE Council has made rules in accordance with sub-section (2) (f) of Section 31. The said rules are called The National council for Teacher Education Rules, 1997' (for short, the Rules' ). Rule 9 provides for payment of fees at the time of making an application under Section 14 (1) of the Act, which reads as follows :- "9. The said rules are called The National council for Teacher Education Rules, 1997' (for short, the Rules' ). Rule 9 provides for payment of fees at the time of making an application under Section 14 (1) of the Act, which reads as follows :- "9. Fees.- (1) Every application made under sub-section (1) of Section 14 to the concerned Regional Committee for obtaining grant of recognition under the Act by any institution offering or intending to offer a course or training in teacher education on or after the appointed day, shall be accompanied by a fee to be deposited at the rates specified in sub-rule (2 ). (2) The fee payable under sub-rule (1) shall be as under :- (a) Rs. 1,000 for existing institutions recognised by affiliating bodies. (b) Rs. 40,000/- for setting up new institution. " ( 14 ) IT is clear that sub-section (2) of Section 14 of the Act requires payment of prescribed fee along with the application made for grant of recognition for an institution offering or intending to offer a course or training in teacher education. Payment of fee has been prescribed as per the rules made as per sub-section (2) (f) of Section 31 of the Act. The Rules do not provide for creation of endowment fund. ( 15 ) THE Council has framed separate regulations called 'national Council for teacher Education (Form of Application, the time Limit of Submission of Application, determination of Norms and Standards for recognition of Teacher Education programme and Permission to Start New course or Training) Regulations, 2002', in exercise of its power under Section 32 of the act. Regulation 3 provides for the manner of making an application. It states that every application shall be submitted in triplicate with copies of all enclosures. Regulation 5 states that the application for grant of recognition for conducting a teacher education programme or permission for starting a new course or training in teacher education in recognised institutions or for increasing intake in teacher training programme shall be accompanied with fees as prescribed in the rules from time to time. The regulations have come into force from 13-11-2002 and amended with effect from 6-6-2003. Regulation 7 provides for time limit for making an application, which is as follows:- "7. The regulations have come into force from 13-11-2002 and amended with effect from 6-6-2003. Regulation 7 provides for time limit for making an application, which is as follows:- "7. Time limit for making application:- every institution seeking recognition to start a course or training in teacher education or an existing, institution seeking permission to start a new course or training and/or increase in intake shall make an application in the prescribed form so as to reach the concerned Regional Committee on or before 31st December every year. Provided that in the case of States where academic session begins from January every year the last date for submission of application would be 30th June of every year for the course or training commencing in the next academic session. " regulation 8 deals with the norms and standards for various teacher education programmes. The norms for elementary teacher education programme is at Appendix-5. It is also stated that the norms and standards notified are minimum and essential. ( 16 ) REGULATION 9 provides for the conditions of recognition. Appendix-1a to the said regulation is the form of application for grant of recognition of Teacher Education Institutions. Paragraph 6 deals with the finance of the institution, which reads as follows :- "6. Finance : Indicate the sources of finance and funds available for running the institution/programme. Has the institution provided endowment and reserve funds? Original Fixed Deposit receipt of Rs. 5. 00 lacs towards Endowment fund to be enclosed which will be converted for joint operation after grant of recognition. " appendix-1b to the regulations is the list of essential documents to be furnished along with the application, which are as follows :- "list of Essential Documents : application for grant of recognition including permission for additional intake should be submitted in triplicate in the format given at Appendix-1a to the concerned regional Committee along with the following essential documents. (i) Prescribed Application fee (non-refundable) in the form of a crossed Demand Draft drawn in favour of the concerned Regional committee, NCTE payable at the place of the Regional Committee concerned. (ii) "no Objection Certificate" from the state Govt. /ut Administration (in original ). (iii) Copies of valid land documents along with a "land Title Certificate" by a local practising lawyer (as per the format at Appendix 1c ). (iv) Copy of Approved Building Plan. (v) Fixed Deposit receipt in original for rs. (ii) "no Objection Certificate" from the state Govt. /ut Administration (in original ). (iii) Copies of valid land documents along with a "land Title Certificate" by a local practising lawyer (as per the format at Appendix 1c ). (iv) Copy of Approved Building Plan. (v) Fixed Deposit receipt in original for rs. 5. 00 lacs (Rupees five lacs only) towards endowment fund. (vi) A copy each of the Certificate of Registration, memorandum of Association and bye-laws in case the institution is managed by a Society/trust/board. (vii) Undertaking in non-judicial stamp paper (as per the format at Appendix-1d ). (viii) A sworn affidavit verifying the contents given in the application form and the documents attached therewith. The affidavit must be attested through a First Class magistrate/sdb/adm. Note: (1) If the application is found incomplete i. e. without all the essential documents, the institution may be asked to make good deficiencies in the application on or before the last date prescribed in the regulations. (2) In the event when deficiencies in an application get removed only after the last date, the application of institution shall be carried forward by the Regional Committee for consideration for the subsequent academic year i. e. for the course that would be offered one year later. " ( 17 ) APPENDIX-1d is an undertaking to be furnished by the institution. Clause 10 of Appendix-1d states that the management shall maintain an endowment fund of Rs. 5,00,000/- to be operated jointly by the authorised representative of the management and an officer of the concerned Regional committee and a reserve fund equivalent to three months' salary of the staff. ( 18 ) THE petitioners are aggrieved by clause 10 (b) of Appendix-5, which is as follows :- "10. Financial Management: (a)** ** * ** ** ** (b) In case of unaided institutions, there shall be an endowment fund of Rs. 5,00 lakh to be operated jointly by the authorised representative of the management and an officer of the concerned Regional Committee, and a reserve fund equivalent to three months' salary of the staff. " ( 19 ) CLAUSE 10 (b) of the Regulations is challenged on the ground that it is not authorised by the parent statute. A delegated legislation can be challenged on the ground of substantive ultra vires viz. " ( 19 ) CLAUSE 10 (b) of the Regulations is challenged on the ground that it is not authorised by the parent statute. A delegated legislation can be challenged on the ground of substantive ultra vires viz. , that the delegated legislation goes beyond the scope of power conferred by the statute or it is in conflict with the delegating statute. It is based on the principle that the delegatee cannot make a rule, which is not authorised by the parent statute. If the subordinate legislative authority keeps within the powers delegated, the delegated legislation is valid. ( 20 ) AS noticed above sub-section (1) of section 14 provides for filing an application by an institution for grant of recognition to the Regional Committee concerned in such form and in such manner as may be determined by the Regulations. Sub-section (2) of Section 14 provides for the payment of fees to be paid along with the application as may be prescribed by rules made under Section 31 of the Act. There is a distinction between sub-section (1) of Section 14 and subsection (2) of Section 14. An application for recognition has to be made in the form and in the manner determined by the regulations as provided in sub-section (1) of Section 14 of the Act. Section 32 of the Act empowers the Council to make regulations for the said purpose not inconsistent with the Act and the Rules made thereunder and to generally carry out the provisions of the Act. Therefore, fee has to be prescribed by rules framed under Section 31 of the Act. ( 21 ) THE definition of 'fee' as found in the book titled "public Finance" Third edition by Fuehler at page 519 has been quoted with approval by the Hon'ble Supreme Court in the case of P. M. Ashwathanarayana Setty v. State of Karnataka, reported in AIR 1989 sc 100 , which is as follows : "a fee is a charge for a particular service of special benefit to individual or to a class and of general benefit to the public, or it is a charge to meet the cost of a regulation that primarily benefits society. " "fees must be paid to secure the enjoyment of a particular Government service such as the provisions for patents, copyrights or the registration of mortgages, and the services of a Court or a public official. " "fees must be paid to secure the enjoyment of a particular Government service such as the provisions for patents, copyrights or the registration of mortgages, and the services of a Court or a public official. " ( 22 ) IT is further held by the Apex Court that if the essential character of the impost is that some special service is intended or envisaged as a quid pro quo to the class of citizens which is intended to be benefited by the service and there is a broad and general correlation between the amount so raised and the expenses involved in providing the services, the impost partakes the character of fee. ( 23 ) THE rules framed in accordance with sub-section (2) of Section 14 read with Section 31 of the Act provides for payment of fee at Rs. 1,000/- by the existing institutions and Rs. 40,000/- for setting up new institutions. Regulation 5 also states that every application for grant of recognition for teacher education programme or permission for starting a new course or for increasing in intake shall be accompanied by fees as prescribed in the Rules from time to time. Sub-section (3) of Section 14 of the Act provides for consideration of the application made under sub-section (1) of Section 14 of the Act. Rule 8 of the Rules deals with constitution of Inspection Committee and procedure for inspection of the applicant-institution by the Committee constituted thereunder. Thus the fees payable is towards the expenses for inspection of the applicant-institution by the Committee and towards other expenses involved in considering the application. ( 24 ) SRI. Ravivarma Kumar, learned Senior counsel argues that the regulations framed for creation of an endowment fund is contrary to Section 14 of the Act. He has relied on a decision of the Hon'ble Supreme court in the case of Sales Tax Officer v. K. I. Abraham, reported in AIR 1967 SC 1823 . That was a case where power was conferred on the rule-making authority to prescribe a rule stating what particulars are to be mentioned in the prescribed form, the nature and value of the goods sold, the parties to whom they are sold and to which party the form is to be furnished. That was a case where power was conferred on the rule-making authority to prescribe a rule stating what particulars are to be mentioned in the prescribed form, the nature and value of the goods sold, the parties to whom they are sold and to which party the form is to be furnished. The Act did not confer power on the rule-making authority to prescribe a time limit within which the declaration is to be filed by the registered dealer. It was found that the rule prescribing time limit for filing declaration was contrary to the parent statute. Therefore, the Hon'ble supreme Court held that the assessee was not bound to furnish declaration in Form-C before 16-2-1961 as prescribed by the 3rd proviso. The said decision is not applicable to the facts of this case. ( 25 ) SUB-SECTION (1) of Section 14 clearly lays down that every institution offering or intending to offer a course or training in teacher education may make an application to the Regional Committee in such form and manner as may be determined by regulations for grant of recognition under the Act. The word 'determine' in the Section assumes importance. The Legislature has not used the word 'prescribe' in sub-section (1) of section 14 as found in sub-section (2) of section 14. If the Legislature had used the word 'prescribe' in sub-section (1) of Section 14, then, the definition of the said word found in sub-section (h) of Section 2 will apply. It is further clarified in the section that the application shall be as determined by the regulations. Therefore, there, is no need to look into the rules insofar as form and manner of filing an application is concerned. Form and manner of filing the applications is governed by regulations. ( 26 ) AS noticed above Section 32 of the act empowers the Council to make regulations not inconsistent with the provisions of the Act or the Rules made thereunder, but generally to carry out the provisions of the Act. Sub-section (2) of Section 32 provides for making regulations for all or any of the matters enumerated in the said subsection. It does not restrict the general power of the Council under sub-section (1) of Section 32 to make regulations for carrying out the purposes of the Act. Sub-section (2) of Section 32 provides for making regulations for all or any of the matters enumerated in the said subsection. It does not restrict the general power of the Council under sub-section (1) of Section 32 to make regulations for carrying out the purposes of the Act. Sub-section (2) (e) of Section 32 empowers the Council to make regulations relating to the form and manner in which an application for recognition is to be submitted under sub-section (1) of section 14 and sub-section (2) (f) of Section 32 provides for the conditions required for proper functioning of the institution and conditions for granting recognition under clause (a) of sub-section (3) of Section 14. The power conferred under sub-section (2) of Section 32 is not exhaustive instead it is illustrative. It does not restrict or affect the general power of the Council to make regulations for carrying out the purposes of the act namely achieving co-ordinated development of the teacher education system throughout the country, the regulations and proper maintenance of norms and standards in the teacher education. The regulation are made for carrying out the purposes of the act and are referable to sub-sections (1) and (2) of Section 32 of the Act. I am of the view of that the regulation in question is not contrary to the provisions of NCTE Act; and that it has the force of law. ( 27 ) IN the case of Minerva Talkies, Bangalore v. State of Karnataka, reported in AIR 1988 SC 526 , a similar question arose for consideration. The Hon'ble Supreme Court has held that Section 19 of the Karnataka cinemas Regulations Act confers power on the State Government to frame rules for carrying out the purposes of the Act. Sub-section (2) of Section 19 confers power on the state Government to frame rules in respect of the matters specified in clauses (a) to (h) and in that connection the Hon'ble Supreme court has held that there is a general power conferred on the State Government to make rules to carry out the purposes of the Act, which empowers the State to frame any rule which may have bearing on the regulation of exhibition of Cinematograph films and the relevant portion is as follows :- "7. Section 19 of the Act confers power on the State Government to frame rules for carrying out the purposes of the Act. Section 19 of the Act confers power on the State Government to frame rules for carrying out the purposes of the Act. Subsection (2) of Section 19 requires the State government to frame rules in respect of the matters specified in clauses (a) to (h ). While section 19 (1) confers general power on the state Government to make rules to carry out the purposes of the Act, sub-section (2) specifies particular matters in respect of which rules may be made. The power conferred under sub-section (2) is not exhaustive instead it is illustrative and it does not restrict or affect the general power of the state Government under sub-section (1) to make rules for carrying out the purposes of the Act. The power conferred by Section 19 (1) contemplates the framing of any rule which may have bearing on the regulation of exhibition of cinematograph films. The rule so made must be related to the purposes of the act. The preamble and the provisions of the act provide for the regulation of the exhibition of cinematograph films which is the primary purpose of the Act. Under Section 19 (1) the Legislature has conferred wide powers on the State Government to make rules embracing all the legitimate activities connected with the exhibition of cinematograph films which include rules for incidental matters like period of show, admission to the cinema hall, interval between two shows including the number of shows which a licensee may hold in a day. " ( 28 ) THE regulations dated 13-11-2002 as amended on 6-6-2003 provides for making an application. Different Appendix to the regulations provides the norms and standards for teacher education programme. Clause 10 (b) of Appendix-5 deals with creation of endowment fund of Rs. 5,00,000/- to be operated jointly by the representatives of the management and an officer of the concerned regional Committee in respect of unaided institutions. The production of original fixed deposit receipt of Rs. 5,00,000/- towards endowment fund along with the application is one of the essential documents to be filed along with the application. ( 29 ) IN my opinion, the stipulation of endowment fund of Rs. 5,00,000/- indicates the financial stability of the institution. The responsibility of the institution does not end with obtaining recognition from NCTE but the institution has to impart quality and uninterrupted education to the students. The. D. Ed. course is for 21/2 years. ( 29 ) IN my opinion, the stipulation of endowment fund of Rs. 5,00,000/- indicates the financial stability of the institution. The responsibility of the institution does not end with obtaining recognition from NCTE but the institution has to impart quality and uninterrupted education to the students. The. D. Ed. course is for 21/2 years. The recognised institution will always have 90 students studying. The professional career of the 90 students is dependent on how well the institution is managed and if the institution does not have financial stability it will affect the smooth functioning of the institution and will jeopardise the career of the students enrolled in the institution. The creation of an endowment fund is also made one of the essentials at the time of filing an application. After an application is made with the prescribed fee as per the rules, the ncte has to make inspection and thereafter recognition has to be granted. If at the time of recognition the petitioner is not able to create an endowment fund of rs. 5,00,000/-, the entire process of inspection by the NCTE will be wasted. It is submitted by the learned Counsel for the NCTE that there are only four Regional Committees in the country and the Regional Committee at Bangalore, is in charge of the southern States for the purpose of inspection and granting recognition. The creation of an endowment fund of Rs. 5,00,000/- at the initial stage shows the financial stability of the institution, as otherwise the inspection of the institution by utilising the fees of Rs. 40,000/- will be a waste. Further, deposit of Rs. 5,00,000/- will ensure smooth functioning of the institution in case of mismanagement, disputes in the management or financial bankruptcy of the institution, till alternative remedy is provided for the students. Further, the said amount is invested in a Bank in a fixed deposit earning interest. The amount is refundable in case the NCTE rejects the application of the institution concerned seeking recognition. ( 30 ) IN the case of Oxford Teachers Training Institution, Bangalore v. National council Teacher Education, Southern Regional committee, Bangalore, reported in ILR (2004) Kant 2342, this Court has held that the regulations have the force of law. It is further held that production of NOC along with the application before the last date for submission of the said application is statu- torily prescribed by the regulations. It is further held that production of NOC along with the application before the last date for submission of the said application is statu- torily prescribed by the regulations. The said regulations have to be obeyed. At paragraph- 17, it is held as follows : "in view of the aforesaid authoritative pronouncement of the Supreme Court, the regulations made under the NCTE Act and consequent minute details worked, out regarding form of how to make an application for recognition, the time limit of submission of application, determination of norms and standards of recognition as contained in regulations, 2002 and amended Regulations, 2003 and other minute details worked thereunder would have the force of law and it has to be obeyed. " ( 31 ) THE validity of similar regulations have also been upheld by the Hon'ble Supreme Court in the case St. Johns Teachers training Institute v. Regional Director, ncte, reported in (2003) 3 SCC 321 : ( AIR 2003 SC 1533 ). ( 32 ) AS stated earlier, production of a fixed deposit receipt for Rs. 5,00,000/- (Rupees five lakhs only) towards endowment fund is one of the essential documents. Regulation 7 has fixed the time limit for making an application as 31st December every year. The regional Committee of the Council is required to consider the applications which are found to be complete on or before the last date prescribed in the regulations. An application without a fixed deposit receipt of Rupees five lakhs is an incomplete application. In the case of Dental Council of india v. S. R. M. Institute of Science and Technology, reported in 2004 AIR SCW 1997 : air 2004 SC 2057 , it is held that an incomplete application cannot be processed by the Central Government or the D. C. I. and that High Court should not have passed an interim direction to process incomplete application. At paragraph-10, it is held as follows :- "10. In this case, the High Court made an interim order to complete the processing of the application including inspection even in the absence of the permission or essentiality certificate from the State Government in terms of the Regulations framed by the dental Council of India. The process of the courts or the process of law should not be allowed to subvert the law. The process of the courts or the process of law should not be allowed to subvert the law. In cases of recognition of Dental Colleges or starting of higher courses, this Court has in several cases including Islamic Academy of Education v. State of Kannataka (2003) 6 SCC 697 : ( AIR 2003 SC 3724 ); State of Maharashtra v. Indian Medical Association (2002) 1 SCC 589 : ( AIR 2002 SC 302 ) etc. , held that they are of mandatory character and have got to be complied with. When that is the position in law, the High Court ought not to have made an interim order to process the application even in the absence of the permission or essentiality certificate because the application will not be complete without being accompanied by permission or essentiality certificate by the State Government along with certain other documents. An incomplete application cannot be processed either by the Central Government or the dental Council. The argument advanced on behalf of the respondents will set at naught the law that in certain cases the Courts need not insist on production of permission or essentiality certificate of the State Government, particularly, when the regulations insist upon the same. " ( 33 ) IN the case of Union of India v. Kirloskar Pneumatic Co. Ltd. , reported in (1996) 4 SCC 453 : ( AIR 1996 SC 3285 ), dealing with the power of the High Court to issue writs under Article 226, it has been held that the power conferred by Article 226/ 227 being designated to effectuate the law, to enforce the rule of law and to ensure that the several authorities and organs of the state act in accordance with law, it cannot be invoked for directing the authorities to act contrary to law. ( 34 ) SIMILARLY, in the case of K. S. Bhoir v. State of Maharashtra, reported in AIR 2002 SC 444 , the Hon'ble Supreme Court has held that where a rule of law is required to be enforced, adjusting equities in exercise of extraordinary jurisdiction under Article 226 is one thing and the High Court assuming the role of the Central Government and the Medical Council under section 10-A of the Act is a different thing. It is further held that the Court cannot direct to waive the mandatory requirement of law in exercise of its extraordinary power under article 226. It is also not permissible for the high Court to direct an authority under the act to act contrary to the statutory provisions. ( 35 ) IN the instant case, the authorities are acting in terms of the regulations, which have the force of law. This Court cannot give directions to the Authorities concerned to act contrary to law. I am of the view that petitioners are required to create an endowment fund of Rs. 5,00,000. 00 in accordance with the regulations. ( 36 ) IN the result, these petitions fail and they are accordingly dismissed. No costs, petitions dismissed. --- *** --- .