Mohit Kumar Shah, J. – The present writ petition has been filed on behalf of the Association of the Teachers’ Training College for directing the respondents to allow the training colleges to conduct E.P.C. (Enhancing Professional Capacity) examination of B. Ed. Sessions 2017-19 as per Clause 4.2(c) of the Bachelor of Education (B.Ed.) Programme Regular Mode (under selffinance scheme) Regulation and as per Ordinance for admission in two years Bachelor of Education (Secondary) Programme issued by the respondent University. It is further prayed to direct the respondent B.B.A., Bihar University, Muzaffarpur (hereinafter referred to as the “University”) not to appoint External Examiner to evaluate E.P.C. (Enhancing Professional Capacity) Examination of B. Ed course. 2. The brief facts of the case, according to the writ petitioner, are that the petitioner is an Association of Teachers Training Colleges of Bihar and the members of the association run B. Ed. Colleges in Bihar under various Universities of Bihar. It is further submitted that in order to impart B. Ed. Education in different Teachers Training Colleges for different sessions, the office of the learned Chancellor has issued guideline, rules and regulations for running Bachelor of Education (B. Ed.) Programme Regular Mode (under self-finance scheme) and for conducting examination for different Sessions. Reference has been made to Clause 4.2 (c) of the Bachelor of Education (B.Ed.) Programme Regular Mode (under self-finance scheme) Regulation, issued in the year 2015 upon assent being accorded by the learned Chancellor to the general Ordinance and Regulation of two years B. Ed. Course, framed in pursuance of the guidelines of NCTE 2014, applicable to the University of Bihar for the Sessions 2015-17 onward (hereinafter referred to as the Regulations 2015), which is reproduced herein below: – “4.2 A candidate for Bachelor of Education degree shall be examined in sixteen papers carrying total of 1300 marks. xx xx xx (c) There shall be four Enhancing Professional Capacity (EPC) papers carrying 50 marks each, which shall be evaluated internally.” 3. The learned counsel for the petitioner has submitted that ignoring the aforesaid Clause 4.2 (c) of the Regulation, 2015 wherein the EPC papers have to be evaluated internally, the respondents B.B.A., Bihar University in the previous sessions i.e. 2015-17 had appointed external examiner to conduct the Enhancing Professional Capacity (EPC) examination of B. Ed. course. The learned counsel for the petitioner has submitted that ignoring the aforesaid Clause 4.2 (c) of the Regulation, 2015 wherein the EPC papers have to be evaluated internally, the respondents B.B.A., Bihar University in the previous sessions i.e. 2015-17 had appointed external examiner to conduct the Enhancing Professional Capacity (EPC) examination of B. Ed. course. It is submitted that in the academic session 2016-18 as well, external examiners were appointed for conducting EPC examination, which was held from 09.10.2018, hence the petitioner has reasonable apprehension that for current academic session also, the respondent University will appoint external examiner against the mandate of the aforesaid Regulation, 2015. 4. The learned counsel appearing for the respondent University, by referring to the counter affidavit filed on behalf of the Registrar, B.B.A., Bihar University, Muzaffarpur has submitted that as far as the four EPC papers in question, carrying 50 marks each are concerned, they have been divided into two parts each, i.e. theory part, which consists of 40 marks and practical part, which consists of 10 marks. The practical marks are to be given by the College itself and theory marks are generally given by the examiner appointed by the University. 5. The learned counsel for the petitioner has referred to Clause 4.2(b) of the aforesaid Regulations, 2015, which reads as follows: – “4.2 (b) There shall be four core courses and two pedagogy of school subject carrying 50 marks (40 marks for theory and 10 marks for internal assessment) each”. 6. It is thus submitted by the learned counsel for the University that a bare reading of Clause 4.2(b) and (c) makes it clear that if EPC is evaluated internally by the college itself then in that case, there is no need to distribute 50 marks in two parts i.e. 40 marks and 10 marks, hence, it is apparent that 10 marks is to be awarded by the college itself and 40 marks is meant for evaluation by the examiner appointed by the University. It is further submitted that before conducting the EPC examination of B. Ed. 1st year, Session 2016-18, the University Examination Board in it’s meeting held on 13.10.17 vide Agenda 2 resolved that External Examiners for practical examination of EPC I, II and III of B.Ed. 1st year Session 2016-18 should be appointed from different B. Ed. It is further submitted that before conducting the EPC examination of B. Ed. 1st year, Session 2016-18, the University Examination Board in it’s meeting held on 13.10.17 vide Agenda 2 resolved that External Examiners for practical examination of EPC I, II and III of B.Ed. 1st year Session 2016-18 should be appointed from different B. Ed. colleges/ University and internal examiners be appointed from concerned colleges having teaching experience of not less than five years. 7. It is further submitted that before conducting EPC Examination of B. Ed. 1st year, Session 2017-19, the Examination Board of the University, at it’s meeting held on 26.09.18, vide Agenda No. 5, resolved that EPC I, II and III examination be conducted by appointing one examiner from other B. Ed. college within the University and one examiner from concerned college and the examiner from other B. Ed. college will be appointed by the University while the examiner from the concerned college will be appointed by the Principal. 8. Thus, it is submitted by the learned counsel for the respondent University that in light of the aforesaid decision taken by Examination Board of the University, EPC examination is being conducted in which one examiner has been appointed by the college itself and the other examiner has been appointed by the University. Therefore, it is submitted by the learned counsel for the respondent University that there is no infirmity in the decision taken by the respondent University to conduct the external assessment. 9. I have heard the learned counsel for the parties and gone through the materials on record and I find that the learned Chancellor has accorded assent to the aforesaid Regulation, 2015 in exercise of the powers vested in him under Section 38(4) and 39(2)(ii) of the Bihar State University Act, 1976 and the Patna University Act, 1976 as amended up to the date in light of the NCTE 2014 guidelines/ regulations. In this connection, this Court finds it worthwhile to refer to the NCTE (Recognition Norms and Procedure), Regulation 2014, (hereinafter referred to as the NCTE Regulation, 2014), Regulation 9 whereof provides for the norms and standards to be followed by each and every institution regarding various teachers education programme as specified in Appendix 1 to Appendix 15. Appenix-4 provides Norms and standards for Bachelor of Education Programme leading to Bachelor of Education (B. Ed.) degree. Appenix-4 provides Norms and standards for Bachelor of Education Programme leading to Bachelor of Education (B. Ed.) degree. It would be relevant to reproduce Clause-4.1 (ii) of the aforesaid Appendix-4 herein below: – 4. Curriculum, Programme Implementation and Assessment 4.1. Curriculum. – The B.Ed. curriculum shall be designed to integrate the study of subject knowledge, human development, pedagogical knowledge and communication skills. The programme shall comprise three broad curricular areas: Perspectives in Education, Curriculum and Pedagogic Studies, and Engagement with the Field. The courses under each of these curricular areas will be based on a close reading of original writings, seminar/term paper presentations and continuous engagement with the field. Tratsaction of the courses shall be done using a variety of approaches, such as, .tase studies, discussions on reflective journals, observations of children, and interactions with the community 'in multiple socio-cultural environments. Information and Communication Technology (ICT), gender, yoga education, and disability/inclusive education shall form an integral part of the B.Ed. curriculum. (i) Theory Courses (a) Perspectives in Education Perspectives in Education should include courses in the study of childhood, child development and adolescence, contemporary India and education, philosophical and sociological perspectives in education, theoretical foundations of knowledge and curriculum, teaching and learning, gender in the context of school and society, and inclusive education. The course in childhood studies shall enable student-teachers to engage with studies on Indian society and education, acquire conceptual tools of sociological analysis and hands-on experience of engaging with diverse communities, children and schools. The course on 'Contemporary India and Education' shall develop a conceptual understanding about issues of diversity, inequality and marginalization in Indian society and the implications for education, with analyses of significant policy debates in Indian education. The course on 'knowledge and curriculum' will address the theoretical foundations of school knowledge from historical, philosophical and sociological perspectives, with critical analysis of curricular aims and context, and the relationship between curriculum, policy and learning. The course on 'teaching and learning' will focus on aspects of social and emotional development; self and identity, and cognition and learning. (b) Curriculum and Pedagogic Studies Courses in Curriculum and Pedagogic Studies shall include aspects of language across the curriculum and communication, understanding of a discipline, social history of a school subject, and its pedagogical foundations, with a focus on the learner; and a course on the theoretical perspectives on assessment for learning. (b) Curriculum and Pedagogic Studies Courses in Curriculum and Pedagogic Studies shall include aspects of language across the curriculum and communication, understanding of a discipline, social history of a school subject, and its pedagogical foundations, with a focus on the learner; and a course on the theoretical perspectives on assessment for learning. Curriculum and Pedagogic Studies courses shall offer a study of the nature of a particular discipline, critical understanding of the school curriculum; pedagogy as the integration of knowledge about the Iearner, the discipline and the societal context of learning, and research relating to different aspects of young children's learning. The design of the programme would enable students to specialize in one disciplinary area, viz. Social Science, Science, Mathematics, Languages, and a subject area from the same discipline, at one/two levels of school. The courses shall aim to develop in students an understanding of the curriculum, linking school knowledge with community life. A variety of investigative projects shall be included to reconstruct concepts .. from subject knowledge through appropriate pedagogic processes and to communicate meaningfully with (ii) Engagement with the Field/Practicum The B.Ed. programme shall provide for sustained engagement with the Self, the Child, Community and School, at different levels and through establishing close connections between different curricular areas. This curricular area would serve as an important link between the above two broad curricular areas through its three components: (a) Tasks and Assignments that run through all the courses. (b) School lnternship. (c) Courses on Enhancing Professional Capacities. The curricular areas of 'Perspectives in Education' and 'Curriculum and Pedagogic studies' shall offer field engagement through different tasks and projects with the community, the school, and the child in school and out-of school. These tasks and projects would help in substantiating perspectives and thecretical frameworks studied in a teacher education classroom with field-based experiences. The tasks and projects may include collaborative partnership with the schools for developing CCE practices, establishing study circles/forums for professional development of in-service school teachers, or dialoguing with the School Management Committee, etc. Community-based engagement may also include oral history projects with a community of rtisans as part of 'Contemporary India and Education' or 'Pedagogy of Social Science/History'. Likewise, the pedagogy course on science may include environment-based projects to address concerns of a particular village/city or a community. Community-based engagement may also include oral history projects with a community of rtisans as part of 'Contemporary India and Education' or 'Pedagogy of Social Science/History'. Likewise, the pedagogy course on science may include environment-based projects to address concerns of a particular village/city or a community. Several specialised courses shall be offered to enhance professional capacities of a studentteacher such as courses on language and communication, drama and art, self development and ICT. A course on critical understanding of ICTs shall be offered as an important curricular resource, according primacy to the role of the teacher, ensuring public ownership of digital resources, and promoting constructivist approaches that privilege anticipation and cocreation over mere access to ICTs. Courses that would focus on developing the professional and personal self of a teacher will be designed to integrate theoretical and practical components, transacted through focused workshops with specific inputs on art, music and drama. These courses shall offer opportunities to study issues of identity, interpersonal relations, adult-child gaps, personal and social constructs, schools as sites for struggle and social change; understanding and practicing yoga education, developing social sensitivity and the capacity to listen and emphasize. (iii) School Internship School Internship would be a part of the broad curricular area of 'Engagement with the Field' and shall be designed to lead to development of a broad repertoire of perspectives, professional capacities, teacher sensibilities and skills. The curriculum of B.Ed. shall provide for sustained engagement with learners and the school (including engaging in continuous and comprehensive assessment for learning), thereby creating a synergy with schools in the neighbou rhood throughout the year. Student-teachers shall be equipped to cater to diverse needs of learners in schools. These activities shall be organized for 4 weeks in the first year of the course. Students are to be actively engaged in teaching for 16 weeks in the final year of the course. They shall be engaged at two levels, namely, upper primary (classes VI- VIII) and secondary (IX-X), or senior secondary, with at least 16 weeks in secondary/senior secondary classes. They should be provided opportunities to teach in schools with systematic supervisory support and feedback from faculty. Internship in schools will be for a minimum duration of 20 weeks for a two-year programme (4 weeks in the first year, and 16 weeks in the second year as noted above). They should be provided opportunities to teach in schools with systematic supervisory support and feedback from faculty. Internship in schools will be for a minimum duration of 20 weeks for a two-year programme (4 weeks in the first year, and 16 weeks in the second year as noted above). This should also include, besides practice teaching, an initial phase of one week for observing a regular classroom with a regular teacher and would also include peer observations, teacher observations and faculty observations of practice lessons. 10. It would further be relevant to reproduce Clause-4.3 of the aforesaid Appendix-4 herein below: – 4.3 Assessment. – For Perspectives in Education and Curriculum and Pedagogic Studies, at least 20% to 30% marks may be assigned for continuous internal assessment and 70% to 80% marks for external examination. One-fourth of the total marks/weightage shall be allocated to assessment of practice teaching. The weightage for internal and external assessment shall be prescribed by the affiliating university. Candidates must be internally assessed on the entire course of Engagement with the Field and not only on the project/field work given to them as part of their units of study. The basis for assessment and criteria used ought to be transparent for students to benefit maximally out of professional feedback. Students shall be given information about their grades/marks as part of professional feedback so that they get the opportunity to improve their performance. The bases of internal assessment may include individual or group assignments, observation records, student portfolio, diaries, journal etc. 11. A bare perusal of Clause 4.1 (ii) of the aforesaid Appendix-4, specifies that the B. Ed. Programme shall provide for sustained engagement with the Self, the Child Community and School, at different levels and through establishing close connections between different curricular areas through its three components, out of which one is regarding courses on Enhancing Professional Capacities (EPC). Further clause 4.3 (Assessment) of the aforesaid Appendix 4 provides that the candidate must be internally assessed on the entire course of Engagement with the Field and not only on the project/ field work given to them as part of their units of study. Further clause 4.3 (Assessment) of the aforesaid Appendix 4 provides that the candidate must be internally assessed on the entire course of Engagement with the Field and not only on the project/ field work given to them as part of their units of study. Thus, a close reading of Clause 4.1(ii) and 4.3 of the aforesaid Appendix 4 clearly provides that the assessment of the course on Enhancing Professional Capacities (EPC) under the heading “Engagement with the field/ Practicum” shall be assessed internally and this is why the aforesaid Regulations 2015, promulgated in pursuance to the guidelines/ Regulations, 2015 provides under Regulation 4.2 (c) that there shall be four Enhancing Professional Capacities (EPC) papers, carrying 50 marks each, which shall be evaluated internally, thus this Court finds that any decision to the contrary, taken by the respondent University, is illegal being dehors the NCTE Regulation, 2014 as also the aforesaid regulations framed by the learned Chancellor of the year 2015. Moreover, a plain reading of Regulation 4.2 (c) of the aforesaid Regulations, clearly postulates evaluation of Enhancing Professional Capacity (EPC) papers internally. It is a well settled principles of law that if the law requires that a particular thing is to be done in a particular manner, it has to be done in the manner prescribed or not at all. The origin of this rule is traceable to the decision rendered in Taylor vs. Taylor (1875) 1 Ch. D. 426, which has also been followed by the Indian Court since time immemorial (See AIR 1936 PC 253 ). Thus, this Court finds that Enhancing Professional Capacity (EPC) papers are to be evaluated internally and decision of the respondent University for appointing one examiner from other B. Ed. College from within the University and one examiner from the concerned college for the purposes of evaluating the EPC papers is not only illegal, but also contrary to the aforesaid NCTE Regulation, 2014 and the Regulations, 2015, hence, the respondent University is directed to henceforth ensure evaluation of the EPC papers of the B.Ed. Course, as aforesaid, internally. 12. Having regard to the facts and circumstances of the case and for the reasons mentioned herein above, the present writ petition stands allowed on the aforesaid terms.