# ·OTHERS v. SHRI SHYAM SHIKSHA PRASHIKSHAN SANSTHAN AND OTHERS ETC. ETC

- **Citation:** [2011] 2 S.C.R. 291
- **Court:** Supreme Court of India
- **Decided:** 2011-01-31
- **Case number:** Civil Appeal Nos.1125-1128 of 2011
- **Bench:** G.S. Singhvi, Asok Kumar Ganguly
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/others-v-shri-shyam-shiksha-prashikshan-sansthan-and-others-etc-etc-27323
- **Pages:** 47

## Headnote

National Council for Teacher Education (Recognition,
C
Norms and Procedure) Regulations, 2007 (as amended by
Notification dated 1.7.2008): Regulation 5, clause (4) and (5)
- Cut off dates for submission of application to Regional
Committee, processing thereof and communication of the
final decision on the issue of recognition - Validity of - Held:
D
The cut off dates are neither arbitrary/irrational nor violative
of Article 14 of the Constitution - Constitution of India, 1950
- Article 14 - Notification F.No.48-31(1)12008/NCTEIN&S
dated 1. 7.2008.
National council for Teacher Education Act, 1993: s. 14
- Role of State Government in granting recognition to the
institution offering course in teacher training - Requirement
E
of recommendation/suggestion by State Government/UT
Administration - Held: Provisions contained in s. 14 and the
Regulations framed for grant of recognition including the
F
requirement of recommendation of the State Government!
Union Territory Administration are mandatory - Consultation
with the State Government/UT Administration and
consideration of the recommendations! suggestions made by
them are of considerableimportance - State Government/UT G
Administration sanctions· the posts keeping in view the
requirement of trained teachers and budgetary provisions
made for that purpose - By incorporating the provision for
291
H
i.
292
SUPREME COURT REPORTS
(2011) 2 S.C.R.
A sending the applications to the State Government/UT
Administration and consideration of the recommendations/
suggestions, if any made by them, the Council made an
attempt to ensure that as a result of grant of recognition to
unlimited number of institutions to start B. Ed. and like
B courses, candidates far in excess of the requirement of trained
teachers do not become available - The Council is directed
to ensure that in future no institution is granted recognition
unless it fulfils the conditions laid down in the Act and the
Regulations and the time schedule fixed for processing the
c application by the Regional Committees and communication
of the decision on the issue of recognition is strictly adhered
to - National Council for Teacher Education (Recognition,
Norms and Procedure) Regulations, 2007.
0
The private respondents submitted their applications
on 28.12.2007, 31.3.2008, 10.4.2008 and 17 .4.2008
respectively for grant of recognition for starting B.Ed.
course for the academic year 2008-2009. They also
applied to the State Government for grant of 'no objection
certificates'. After considering their applications, the
E Northern Regional Committee of the Council informed
the private respondents about the deficiencies in their
applications. After removal of the deficiencies, the
premises of the private respondents were inspected by
the teams constituted by the Northern Regional
F Committee. The inspection reports were considered in
the meeting of the Committee held on 21.9.2008 but
recognition was not granted to them on the ground that
the cut off date specified in the regulations was already
over.
G
Aggrieved, the private respondents filed writ
petitions alleging that they were discriminated vis-a-vis
other applicants and, in this manner, their right to equality
guaranteed under Article 14 of the Constitution was
H violated. By an Interim order dated 24.10.2008, the High
NATIONAL COUNCIL .FOR TEACHER EDUCATION v. 293
. S.S .. PRASHIKSHAN SANSTHAN
Court.directed that the a:p·plications made· by the. private
A
respo'ndents for grant of. recognition should be
considered by the Committee. By another interim order
dated 27 .11.2008,. the High Court directed the Council to
issue approval letters '!nd allot students to the private
respondents. The High Court finatly held that the cut off B
date i.e. 31.8.2008 fixed by notification dated 1.7.2008 was
discriminatory, arbitrary and violative of Article 14 of the
Constitution and dismissed the writ petitions. The instant
appeals were filed challenging the order of the High
Cour;t.
,... ,.,
Disposin

## Text

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[2011] 2 S.C.R. 291
NATIONAL COUNCIL FOR TEACHER EDUCATION AND
A
·OTHERS
v.
SHRI SHYAM SHIKSHA PRASHIKSHAN SANSTHAN AND
OTHERS ETC. ETC.
(Civil Appeal Nos.1125-1128 of 2011)
B
JANUARY 31, 2011
[G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.]
National Council for Teacher Education (Recognition,
C
Norms and Procedure) Regulations, 2007 (as amended by
Notification dated 1.7.2008): Regulation 5, clause (4) and (5)
- Cut off dates for submission of application to Regional
Committee, processing thereof and communication of the
final decision on the issue of recognition - Validity of - Held:
D
The cut off dates are neither arbitrary/irrational nor violative
of Article 14 of the Constitution - Constitution of India, 1950
- Article 14 - Notification F.No.48-31(1)12008/NCTEIN&S
dated 1. 7.2008.
National council for Teacher Education Act, 1993: s. 14
- Role of State Government in granting recognition to the
institution offering course in teacher training - Requirement
E
of recommendation/suggestion by State Government/UT
Administration - Held: Provisions contained in s. 14 and the
Regulations framed for grant of recognition including the
F
requirement of recommendation of the State Government!
Union Territory Administration are mandatory - Consultation
with the State Government/UT Administration and
consideration of the recommendations! suggestions made by
them are of considerableimportance - State Government/UT G
Administration sanctions· the posts keeping in view the
requirement of trained teachers and budgetary provisions
made for that purpose - By incorporating the provision for
291
H
i.
292
SUPREME COURT REPORTS
(2011) 2 S.C.R.
A sending the applications to the State Government/UT
Administration and consideration of the recommendations/
suggestions, if any made by them, the Council made an
attempt to ensure that as a result of grant of recognition to
unlimited number of institutions to start B. Ed. and like
B courses, candidates far in excess of the requirement of trained
teachers do not become available - The Council is directed
to ensure that in future no institution is granted recognition
unless it fulfils the conditions laid down in the Act and the
Regulations and the time schedule fixed for processing the
c application by the Regional Committees and communication
of the decision on the issue of recognition is strictly adhered
to - National Council for Teacher Education (Recognition,
Norms and Procedure) Regulations, 2007.
0
The private respondents submitted their applications
on 28.12.2007, 31.3.2008, 10.4.2008 and 17 .4.2008
respectively for grant of recognition for starting B.Ed.
course for the academic year 2008-2009. They also
applied to the State Government for grant of 'no objection
certificates'. After considering their applications, the
E Northern Regional Committee of the Council informed
the private respondents about the deficiencies in their
applications. After removal of the deficiencies, the
premises of the private respondents were inspected by
the teams constituted by the Northern Regional
F Committee. The inspection reports were considered in
the meeting of the Committee held on 21.9.2008 but
recognition was not granted to them on the ground that
the cut off date specified in the regulations was already
over.
G
Aggrieved, the private respondents filed writ
petitions alleging that they were discriminated vis-a-vis
other applicants and, in this manner, their right to equality
guaranteed under Article 14 of the Constitution was
H violated. By an Interim order dated 24.10.2008, the High
NATIONAL COUNCIL .FOR TEACHER EDUCATION v. 293
. S.S .. PRASHIKSHAN SANSTHAN
Court.directed that the a:p·plications made· by the. private
A
respo'ndents for grant of. recognition should be
considered by the Committee. By another interim order
dated 27 .11.2008,. the High Court directed the Council to
issue approval letters '!nd allot students to the private
respondents. The High Court finatly held that the cut off B
date i.e. 31.8.2008 fixed by notification dated 1.7.2008 was
discriminatory, arbitrary and violative of Article 14 of the
Constitution and dismissed the writ petitions. The instant
appeals were filed challenging the order of the High
Cour;t.
,... ,.,
Disposing of the appeals, the Court
HELD :' 1.1. Article 14 ofthe· Constitution of India
forbids class legislation ·but permits reasonable
classification provided that itis founded on an Intelligible D
differentia which distinguishes persons or things-that are
grouped together from those that are leffout of the group
and .the differentia has a rational nexus to the object .
sought to be' achieved by the legislation in question. In
the light of this proposition, it is not possible to find ~my E
fault with the decision of the Council to prescribe 31st
October of the year preceding the academic session for
which recognition is sought as the last date for
submissionof application to the Regional Committee and·
15th May of the succP.ediQg year as the .date for
F
communication of the decision about grant of ·recognition
or refusal thereof. The scheme of the 2007 Regulations
envisages the manner of making the application and the
time limit. The applications received for recognition are
required to be scrutinized by the office of the Regional
Committee to find out the deficiency, if any. In case any G
deficiency is found, the same is required to be brought
to the notice of the concerned applicant within 30 days
of the receipt of application and the latter is under an
obligation to remove the deficiency within next 90 days.
H
294
SUPREME COURT REPORTS
[2011] 2 S.C.R.
A Simultaneously, a written communication is required to
be sent to the State Government/Union Territory
Administration. Within 60 days of the receipt of
communication from the Regional Committee, the
concerned
State
Government/Union
Territory
B Administration has to' send its recommendations/
suggestions. After removal of the deficiency, if any, and
receipt of the recommendations/suggestions of the State
Government/Union Territory Administration, the Regional
Committee is required to constitute a team to inspect
c infrastructure, equipments and instructional facilities
made available by the applicant with a view to assess the
level of preparedness for commencement of the course.
Thereafter, the inspection is to be carried out by
associating the representative(s) of the concerned
0
institution. Upon receipt of the inspection report and after'
satisfying itself that the requirements enumerated in
clauses (10) and (11) of Regulation 7 have been fulfilled,
the Regional Committee has to take final decision on the
issue of grant of recognition to the applicant. This entire
E exercise is time consuming. Therefore, some date had to
be fixed for submission of application and some time
schedule had to be prescribed for taking final decision
on the issue of recognition. By fixing 31st October of the
preceding year, the Council has ensured that the
Regional Committee gets at least 7 months for scrutiny
F of the application, processing thereof, receipt of
recommendation/suggestion from the State Government/
Union Territory Administration, inspection of the
infrastructure, etc. made available by the applicant before
an objective decision is taken to grant or not to grant
G recognition. Likewise, by fixing 15th May of the year
succeeding the cut off date fixed for submission of
application, the Council has ensured that adequate time
is available to the institution to complete the course,
teaching as well as training and the students get an
. H opportunity to comply with the requirement of minimum
__ NATIONAL COUNCIL FOR TEACHER EDUCATION v. 295
S.S. PRASHIKSHAN SANSTHAN
attendance. For academic session 2008-2009, the cut off A
date '{ias amended because the 2007 Regulations were
notified on 27.12.2007 and going by the cut off dates
specified in clauses (4) and (5) of Regulation 5, no
application could have been entertained and no
institution could have been recognized for B.Ed. course.
B
[Paras 16, 21, 22) [320-G-H; 321-A; 337-G-H; 328-A-H; 329A-F]
rIn re the Special Courts Bill, 1978 (1979) 1 SCC 380;
Union of India v. Parameswaran Match Works (1975) 1 SCC
305; Louisville Gas Co. v. Alabama Power Co. (1927) 240 C
US 30; D. G. Gose and Co. (Agents) (P) Ltd. v. State of Kera/a
(1980) 2 SCC 410; State of Bihar v. Ramjee Prasad (1990) _
3 SCC 368; Uttar Pradesh Mahavidyalaya Tadarth Shikshak
Niyamitikaran Abhiyan Samiti, Varanasi v. State of U.P.
(1987) 2 SCC 453; Dr. SL1shma Sharma v. State of Rajasthan
(1985) Supp. SCC 45; University Grants Commission v.
Sadhana Chaudhary (1996) 10 SCC 536; Ramrao v. All India
Backward Class Bank Employees Welfare Association (2004)
2 SCC 76 and State of Punjab v. Amar Nath Goyal (2005) 6
SCC 754. - Relied on
D·
E
1.2. The cut off dates specified in ~he two clauses of
Regulation 5 of the 2007 Regulations and notification
dated 1. 7 .2008 are neither arbitrary nor irrational so as to
warrant a conclusion ~"at the same are violative of Article
i;.
14 of the Constitution. The conclusion of the High Court
that 31.8.2008 fixed by notification dated 1.7.2008 is
discriminatory and violative of Article 14 appears to have
been influenced by the fact that some of the applicants,
- whose applications were considered in the meeting of the G
Regional_ Committee held after the cut off date were
granted recognition while others like the writ petitioners
were denied similar treatment on the pretext that decision
in their case could not be taken before the cut off date.
[Para 23] [329-G-H; 330-A-B]
H.
296
SUPREME COURT REPORTS
[2011] 2 S.C.R.
A
1.3. The consultation with the State Government/
Union Territory Administration and consideration of the
recommendations/suggestions made by them are of
considerable importance. The Court can take judicial
notice of the fact that majority of the candidates who
B complete B.Ed. and similar courses aspire for
appointment as teachers in the government and
government aided educational institutions. Some of them
do get appointment against the available vacant posts,
but large number of them do not succeed in this venture
c because of non-availability of posts. The State
Government/Union Territory Administration sanctions the
posts keeping in view the requirement of trained teachers
and budgetary provisions made for that purpose. They
cannot appoint all those who successfully pass B.Ed.
D and like courses every year. Therefore, by incorporating
the provision for sending the applications to thP. State
Government/Union Territory Administration and
consideration of the reco_mmendations/suggestions, if
any made by them, the Council has made an attempt to
ensure that as a result of grant of recognition to unlimited
E number of institutions to start B.Ed. and like courses,
candidates far in excess of the requirement of trained
teachers do not become available and they cannot be
appointed as teachers. If, in a given year, it is found that
F adequate numbers of suitable candidates possessing the
requisite qualifications are already available to meet the
requirement of trained teachers, the State Government/
Union Territory Administration can suggest to the
concerned Regional Committee not to grant recognition
to new institutions or increase intake in the existing
G institutions. If the Regional Committee finds- that the
recommendation made by the State Government/Union
Territory Administration is based on valid grounds, it can
refuse to grant recognition to any new institution or
entertain an application made by an existing institution
H for increase of intake and it cannot be said that such
NATIONAL COUNCIL FOR TEACHER EDUCATION v. 297
S.S. PRASHIKSHAN SANSTHAN
.
decision is ultra vires the provisions of the Act or the
A
Rules. The provisions contained in Section 14 and the
Regulations framed for grant of recognition including the
requirement of recommendation of the State
Govern.mentlUnion Territory Administration are
mandatory and an institution is not entitled to recognition
B
unless it fulfils the conditions specified in ·various
clauses of the Regulations. The Council is directed to
ensure that in future no institution is granted recognition
unless it fulfils the conditions laid down in the Act and
the Regulations and the time schedule fixed for c
processing the application by the Regional Committees
and communication of the decision on the issue of
recognition is strictly adhered to. [Paras 24, 29] [330-CH; 331-A; 337-B-E]
St. Johns Teachers Training Institute v. Regional D
Director, National Council For Teacher Education and another
(2003) 3 sec 321; State of Tamil Nadu and another v. S. V .
. Bratheep and others (2004) 4 sec 513; Govt. of AP. and
another v. J.B. Educational Society and another (2005) 3
SCC 212; State of Maharashtra v. Sant Dnyaneshwar E
.Shikshan Shastra Mahavidyalaya and others (2006) 9 SCC
1 - relied on.
Case Law Reference:
(1979) 1 sec 380
Relied on
Para 16
F
(1975) 1 sec 305
Relied on
Para 17
(1927) 240 us 30
Relied on
Para 17
(1980) 2 sec 410
Relied on
Para 18
I
G
(1990) 3 sec 368
Relied on
Para 19
(1987) 2 sec 453
Relied on
Para 19
(1985) Supp. sec 45
Relied on
Para 20
H
,I
298
SUPREME COURT REPORTS
[2011] 2 S.C.R.
A
(1996) 1 o sec 536
Relied on
Para 20
(2004) 2 sec 76
Relied on
Para 20
(2005) 6 sec 754
Relied on
Para 20
B
(2003) 3 sec 321
Relied on
Para 25
(2004) 4 sec s13
Relied on
Para 26
(2005) 3 sec 212
Relied on
Para 27
(2006) s sec 1
Relied on
Para 28
c
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
1125-1128 of 2011.
From the Judgment and Order dated 13.05.2009 of the
High Court of Judicature of Rajasthan at Jaipur in D.B. Civil
D Special Appeal (Writ) No. 182, 183, 184 and 186 of 2009.
E
Raju Ramachandran, Amitesh Kumar, Prgati Neekhra,
Suryanaryana Singh and Karan Dewan for the appearing
parties.
The Judgment of the Court was delviered by
G.S. SINGHVI, J. 1. Leave granted .
. 2. Whether the cut off dates specified in clauses (4) and
F
(5) of Regulation 5 of the National Council for Teacher
Education (Recognition, Norms and Procedure) Regulations,
2007 (for short, "the 2007 Regulations") as amended by
Notification F. No.48-3/(1)/2008/NCTE/N&S. dated 1.7.2008
for submission of application for recognition and disposal
G thereof are mandatory and whether the learned Single Judge
of the Rajasthan High Court, Jaipur Bench was justified in
issuing directions, which have the effect of obliterating the cut
off dates are the questions which arise for consideration in
these appeals filed by the National Council for Teacher
H Education and its functionaries (hereinafter described as "the
NATIONAL COUNCIL FOR TEACHER EDUCATION v. 299
S.S. PRASHIKSHAN SANSTHAN [G.S. SINGHVI, J.]
appellants") against judgment dated 13.5.2009 of the Division
A
Bench of the High Court affirming the order of the learned Single
Judge.
Scheme of the Act and the Regulations:
3. With a view to achieve the object of planned and
B
coordinated development for the teacher education system
throughout the country and for regulation and proper
maintenance of norms and standards in the teacher education
system and for matters connected therewith, Parliament
enacted the National Council for Teacher Education Act, 1993 C
(for short, "the Act"), which provides for the establishment of a
Council to be called the National Council for Teacher Education
(for short, "the NCTE") with multifarious functions, powers and
duties. Section 2(c) of the Act defines the term "Council" to
mean a Council established under sub-section (1) of Section
D
3. Section 2(i) defines the term "recognised institution" to mean·
an institution recognised under Section 14. Section 20) defines
the term "Regional Committee" to mean a Committee
established under Section 20. Section 3 provides for
establishment of the Council which comprises of a Chairperson, - E
a Vice-Chairperson, a Member-Secretary, various functionaries
of the Government, thirteen persons possessing experience
and knowledge in the field of education or teaching, nine
members representing the States and Union Territories
Administration, three members of Parliament, three members
F
to be appointed from amongst teachers of primary and
secondary education and teachers of recognised institutions.
Section 12 of the Act enumerates functions of the Council.
Section 14 provides for recognition of institutions offering
course or training in teacher education. Section 15 lays down G
the procedure for obtaining permission by an existing institution
for starting a new course or training. Section 16 contains a non
obstante clause and lays down that an examining body shall
not grant affiliation to any institution or hold examination for a
course or training conducted by a recognised institution unless
H
300
SUPREME COURT REPORTS
[2011) 2 S.C.R.
A it has obtained recognition from the concerned Regional
Committee under Section 14 or permission for starting a new
course or training under Section 15. The mechanism for dealing
with the cases involving violation of the provisions of the Act or
the rules, regulations orders made or issued thereunder or the
B conditions of recognition by a recognised institution finds place
in Section 17. By an amendment made in July, 2006, Section
17-A was added to the Act. It lays down that no institution shall
admit any student to a course or training in teacher education
unless it has obtained recognition under S3ction 14 or
C permission under Section 15. Section 31(1) empowers the
Central Government to make rules for carrying out the
provisions of the Act. Section 31(2) specifies the matters in
respect of which the Central Government can make rules. Under
Section 32(1) the Council can m,ake regulations for
0
implementation of the provisions of the" Act subject to the rider
that the regulations shall not be inconsistent1with the provisions
of the Act and the rules made thereunder. Section 32(2)
specifies the matters on which the Council can frame
regulations. In terms of Section 33, the rules framed under
Section 31 and the regulations framed under Section 32 are
E required to be laid before the Parliament. By virtue of Section
34(1), the Central Government has been clothed with the power
to issue an order to remove any difficulty arising in the
implementation of the provisions of the Act. Sections 12, 14 to
16 and 17-A of the Act, which have bearing on the decision of
F these appeals read as under:
G
H
•
"12. Functions of the Council.- It shall be the duty of the
Council to take all such steps as it may think fit for ensuring
planned and coordinated development of teacher
educatior:i 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- ·
(a) undertake surveys and studies relating to various
aspects of teacher education and publish the result thereof;
NATIONAL COUNCIL FOR TEACHER EDUCATION v. 301
S.S. PRASHIKSHAN SANSTHAN [G.S. SINGHVI, J.]
(b} make recommendations to the Central· and State
A
Governments, Universities, University Grants Commission
and recognised institutions in the matter of preparation of
suitable plans and programmes in the field of teacher
education;
(c) coordinate and monitor teacher education and its
8 -
development in the country;
(d} lay down guidelines in respect of minimum
qualifications for a person to be employed as a teacher
in schools or in recognised institutions;
C
(e) lay down norms for any specified category of courses
or training in teacher education, including the minimum
eligibility criteria for admission thereof, and the method of
selection of canpidates, duration of the course, course
0
contents and mode of curriculum;
(f) lay down guidelines for compliance by recognised
institutions, for starting new courses or training and for
providing physical and instructional facilities, staffing
pattern and staff qualifications;
· E
(g)
)()()(
)()()(
)()()(
(h)
)()()(
)()()(
)()()(
(i)
)()()(
)()()(
)()()(
F
0) examine and review periodically the implementation of
the norms, guidelines and standards laid down by the
Council and to suitably advise the recognised institutions;
(k)
)()()(
xxx
xxx
G
(I)
xxx
)()()(
)()()(
(m)_
)()()(
)()()(
xxx
H
A
B
c
D
E
F
G
H
302
SUPREME COURT REPORTS
[2011) 2 S.C.R.
(n) perform such other functions as may be entrusted to it
by the Central Government.
"
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 subsection (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 if 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
NATIONAL COUNCIL FOR TEACHER EDUCATION v. 303
S.S. PRASHIKSHAN SANSTHAN [G.S. SINGHVI, J.]
(a), pass an order refusing recognition to such
A
institution for reasons to be recorded in writing:
Provided that before passing an order under subclause (b), the Regional Committee shall provide
a reasonable opportunity to the concerned
8
institution for making a written representation .
. '
( 4)
)()()(
)()()(
)()()(
(5)
Every institution, in respect of which recognition has
been refused shall discontinue the course or training in c
teacher education from the end of the academic session
next following the date of receipt of the order refusing
recognition passed under clause (b) of sub-section (3).
(6) Every examining body shall, on receipt of the order 0
under sub-section (4),-
(a) grant affiliation to the institution, where
recognition has been granted; or
(b) cancel the affiliation of the institution, where
E
recognition has been refused.
15. Permission for a new course or training by
recognised institution.- (1) Where any recognised
institution intends to start any new course or training in
teacher education, it may make an application to seek
F
permission therefor to the Regional Committee concerned
in such form and in such manner as may be determined
by regulations.
(2) The fees to be paid along with the application
G
under sub-section (1) shall be such as may be
prescribed.
·
(3) On receipt of an application from an institution
under sub-section (1), and after obtaining from the
H
304
A
B
c
D
. E
SUPREME COURT REPORTS
[2011) 2 S.C.R.
recognised institution such other particulars as may
be considered necessary, the Regional Committee
shall,-
(a) if it is satisfied that such recognised institution has
adequate financial resources, accommodation, library,
qualified staff, laboratory, and that it fulfils such other
conditions required for proper conduct of the new course
or training in teacher education, as may be determined by
regulations, pass an order granting permission, subject to
such conditions as may be determined by regulation; 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 permission to such institution, for reasons to be
rec:orded in writing:
Provided that before passing an order refusing permission
under sub-clause (b), the Regional Committee shall
provide a reasonable opportunity to the institution
concerned for making a written representation .
(4)
)()()(
)()()(
)()()(
16. J\ffiliating body to grant affiliation after recognition
or permission- by the Council.- Notwithstanding
anything contained in any other law for the time being in
F
force, no _examining body shall, on or after the appointed
day,-
G
H
(a) grant affiliation, whether provisional or
otherwise, to any institution; or
(b) hold examination, whether provisional or
otherwise, for a course or training conducted by a
recognised institution,
unless the institution concerned has obtained
recognition from the Regional Committee
NATIONAL COUNCIL FOR TEACHER EDUCATION v. 305
S.S. PRASHIKSHAN SANSTHAN [G.S. SINGHVI, J.]
concerned, under section 14 or permission for a
A
course or training under section 15.
17-A. No admission without recognition.- No institution
shall admit any student to a course or training in teacher
education, unless the institution concerned has obtained
8
recognition under section 14 or permission under section
15, as the case may be."
~
.
4. In exercise of the power vested in it under Section 32,
the Council has, from time to time, framed Regulations. In the
first place, such Regulations were framed in 1995 with the title
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"the National Council for Teacher Education (Application for
recognition, the manner for submission, determination of
conditions for recognition of institutLons and permissions to start
· new course or training) Regulations, 1995". In 2002, the Council
framed "the National Council for Teacher Education (Form of o
application for recognition, the time limit of submission of
application, determination of norms and stand13rds for
recognition· of teacher education programmes and permission
to start new course or training) Regulations, 2002". These
regulations were amended six times between 2003 and 2005
E
and were finally repealed by "the National Council for Teacher
Education (Recognition, Norms and Procedure) Regulations,
2005". The 2005 Regulations were repealed by the 2007
Regulations. The relevant provisions of the 2007 Regulations
are reproduced below:
"4. Eligibility
The following categories of institutions are eligible for
consideration of their applications under these regulations:
F
(1)
G
Institutions established by or under the authority of
Central/State Government/UT Administration;
(2)
Institutions financed by Central/State Government/
UT Adl'J'linistration;
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B
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F
G
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(3)
All universities, including institutions deemed to be
universities, so recognized under UGC Act, 1956.
(4)
Self financed educational institutions established
and operated by 'not for profit', Societies and Trusts
registered under the appropriate law.
5.
Manner of making application and Time Limit
(1)
An institution eligible under Regulation 4, desirous
of running a teacher education programme may
apply to the concerned Regional Committee of
NCTE for recognition in the prescribed form in
triplicate along with processing fee and requisite
documents.
(2)
The form can be downloaded from the Council's
website www.ncte-in.org, free of cost. The said
form can also be obtained from the office of the
Regional Committee concerned by payment of
Rs.1000 (Rs. One thousand only) by way of a
demand draft of a Nationalized Bank drawn in
favour of the Member Secretary, NCTE payable at
the city where the office of the Regional Committee
is located.
(3)
An application can be submitted conventionally or
electronically on-line. In the latter case, the requisite
documents in triplicate along with the processing
fee shall be submitted separately to the office of the
Regional Committee concerned. Those who apply
on-line shall have the benefit of not to pay for the
form.
(4)
The cut-off date for submission of application to the
Regional Committee concerned shall be 31st
October of the preceding year to the academic
session for which recognition has been sought.
NATIONAL COUNCIL FOR TEACHER EDUCATION v. 307
S.S. PRASHIKSHAN SANSTHAN [G.S. SINGHVI, J.]
(5)
All complete applications received on or before
A
31st October of the year shall be processed for the
next academic session and final decision, either
recognition granted or refused, shall be
communicated by 15th May of the succeeding year.
7. Processing of Applications
B
(1)
The applicant institutions shall ensure submission
of applications complete in all respects. However,
in order to cover the inadvertent omissions or
deficiencies in documents, the office of the
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Regional Committee shall point out the deficiencies
within 30 days of receipt of the applications, which
the applicants shall remove within 90 days. No
application shall be processed if the processing
'
fees of Rs.40,000/- is not submitted and such
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applications would be returned to the applicant
institutions.
(2)
Simultaneously, on receipt of application, a written
communication alongwith a copy of the application
form submitted by the institution(s) shall be sent by
E
the office of Regional Committees to the State
Government/U.T. Administration concerned.
(3)
On receipt of the communication, the State
Government/UT Administration concerned shall
F
furnish its recommendations on the applications to
the office of the Regional Committee concerned of
the National Council for Teacher Education within
60 days from receipt. If the recommendation is
negative, the State Government/UT Administration
G
shall provide detailed reasons/grounds thereof with
necessary statistics, which shall be taken into
consideration by the Regional Committee
concerned while deciding the application. If no
communication is received from the State
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A
Government/UT Administration within the stipulated
60 days, it shall be presumed that the State
Government/UT Administration concerned has no
recommendation to make.
B
(4)
After removal of all the deficiencies and to the
satisfaction of the Regional Committee concerned,
the inspection of infrastructure, equipments,
instructional facilities etc, of an institution shall be
conducted by a team of experts called Visiting
c
Team (VT) with a view to assessing the level of
preparedness of the institution to commence the
course. Inspection would be subject to the consent
of the institution and submission of the self-attested
copy of the completion certificate of the building.
Such inspection, as far as administratively and
D
logistically possible, shall be in the chronological
order of the date of receipt of the consent of the
institution. In case the consent from more than one
institution is received on the same day, alphabetical
order may be followed. The inspection shall be
E
conducted within 30 days of receipt of the consent
of the institution.
(5)
xxx xxx
xxx
(6)
xxx xxx
xxx
F
(7)
xxx xxx
xxx
(8)
xxx xxx
xxx
G
(9)
The institution concerned shall be informed, through
a letter, of the decision for grant of recognition or
permission subject to appointment of qualified
faculty members before the commencement of the
academic session. The letter issued under this
clause shall not be notified in the Gazette. The
H ..
;
NATIONAL COUNCIL FOR TEACHER EDUCATION. v. 309
S.S. PRASHIKSHAN SANSTHAN [G.S. SINGHVI, J.]
(10)
(11)
I
faculty shall be appointed on the recommendations A
of the Selection Committee duly constituted as per
the policy of the State Govt/Central Govt/University/
UGC or the concerned affiliating body, as the case
may be. The applicant institution shall submit an
affidavit in the prescribed form that the Selection B
Committee has been constituted as stated above.
A separate staff list with the details would be
submitted in the prescribed form. The Regional
Committee would rely on the above affidavit and the
staff list before processing the case for grant of c
formal recognition.
All the applicant institutions shall launch their own
website soon after the receipt of the letter from the
Regional Committee under Regulation 7(9)
covering, inter alia, the details of the institution, its D
location, name of the course applied for with intake,
availability of physical infrastructure (land, building,
office, classroorμs, and other facilities/amenities),
instructional facilities (laboratory, library etc.) and
the particulars of their proposed teaching and non- · E /
teaching staff etc. with photographs, for information
of all concerned.
The institution concerned, after appointing the
requisite faculty/staff as per Regulation 7(9) above
F
and fulfilling the conditions under Regulation 7(10)
above shall formally inform the Regional. Committee
concerned alongwith the requisite affidavit and staff
list. The Regional Committee concerned shall then
issue a formal recognition ·order that shall be G
notified as per provision of the NCTE Act.
(12) xxx xxx
xxx
(13) xxx xxx
xxx
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c
D
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F
G
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8.
Conditions for grant of recognition
(1)
An institution must fulfill all the prescribed
conditions related to norms and standards as
prescribed by the NCTE for cond .. .ting the course
or training in teacher education. These norms, inter
alia, cover conditions relating to financial resources,
accommodation, library, laboratory, other physical
infrastructure, qualified staff including teaching and
non-teaching personnel, etc.
(2)
In the first instance, an institution shall be
considered for grant of recognition for only one
course for the basic unit as prescribed in the norms
& standards for the particular teacher education
programme. An institution can apply for one basic
unit of an additional course from the subsequent
academic !\ession. However, application for not
more than one additional course can be made in a
year.
(3)
An institution shall be permitted to apply for
enhancement of course wise intake in teacher
education courses already approved, after
completion of three academic sessions of running
the respective courses.
(4)
An institution shall be permitted to apply for
enhancement of intake in Secondary Teacher
Education Programme -
8.Ed. & 8.P. Ed.
Programme, if it has accredited itself with the
National Assessment and Accreditation Council
(NAAC) with a Letter Grade 8 developed by
NAAC.
(5)
An institution that has been granted additional
intake in 8.Ed. and 8.P. Ed. teacher training
courses after promulgation of the Regulations, 2005
NATIONAL COUNCIL FOR TEACHER EDUCATION v. 311
S.S. PRASHIKSHAN SANSTHAN [G.S. SINGHVI, J.]
(6)
(7)
(8)
(9)
(10)
i.e. 13.1.2006 shall have to be accredited itself with
A
the National Assessment and Accreditation Council
{NAAC) with a Letter Grade B under the new
grading system developed by NAAC before 1st
April, 201 O failing which the additional intake
granted shall stand withdrawn w.e.f. the academic
B
session 2010-2011.
xxx xxx
xxx
No institution shall be granted recognition under c
these regulations unless it is in possession of
required land on the date of application. The land
free from all encumbrances could be either on
ownership basis or on lease from Government/Govt
institutions for a period of not less than 30 years.
In cases where under relevant State/UT laws the
D
maximum permissible lease period is less than 30
years, the State Government/UT Administration law
shall prevail. However, no building could be taken
on lease for running any teacher training course.
E
Xl()':' xxx
xxx
xxx xxx
xxx
At the time of inspection, the building of the
institution shall· be complete in the form of a
F
permanent ~tructure on the land possessed by the
institution in terms of Regulation 8(7), equipped with
all necessary amenities and fulfilling all such
requirements as prescribed in the norms and
standards. The applicant institution shall produce
G
the original completion certificate, approved
. building plan in proof of the completion of building
and ,built up area and other documents to the
Visiting Team for verification. No temporary
structure/asbestos roofing shall be allowed.
H
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[2011] 2 S.C.R.
(11) )()()( )()()(
)()()(
(12) An institution shall make admission only after it
obtains order of recognition from the Regional
Committee concerned under Regulation 7(11 ), and
affiliation from the examining body.
(13) to (16) xxxxxxxxx"
5. Since the 2007 Regulations were notified on
10.12.2007 i.e. after the cut off date specified in Regulation 5(4)
c for submission of application for academic session 2008-2009
was over, the Council issued Notification F. No.48-3/(1)/2008/
NCTE/N&S dated 1. 7 .2008 and fixed 31.8.2008 as the cut off
date for processing and disposal of all the pending applications.
Paragraph 4 of that notification reads as under:
D
E
"4. Extent of Amendment.- Clause 5(5) of the NCTE
(Recognition Norms and Procedure) Regulations, 2007, is
modified as under only for grant of recognition/permission
for starting various teacher training courses for current
academic session i.e. 2008-2009.
All complete applications pending with the Regional
Committees shall be processed for the current academic
session i.e. 2008-2009 in accordance with the provisions
of relevant Regulations and maintaining the chronological
F
sequence and final decision, either recognition granted or
refused, shall be communicated by 31st August, 2008."
6. By Notification No.F.51-1/2009-NCTE (N&S) dated
31.8.2009, the 2007 Regulations were also repealed by the
G National Council for Teacher Education (Recognition, Norms
and Procedure) Regulations, 2009 (for short, "the 2009
Regulations"). The provisions contained in these Regulations
including the cut off dates specified in clauses (4) and (5) of
Regulation 5 are similar to the corresponding provisions of the
2007 Regulations.
H
NATIONAL COUNCIL FOR TEACHER EDUCATION v. 313
S.S. PRASHIKSHAN SANSTHAN [G.S. SINGHVI, J.]
7. At this stage it will be apposite to notice the guidelines
A
issued by NCTE vide letter dated 2.2.1996 for ensuring that the
teacher training institutions are established keeping in view the
requirement of trained teachers in the particular State or the
Union Territory. The same read as under:
"1. The establishment of teacher training institutions by the
8
Government, private managements or any other agencies
should largely be determined by assessed need for trained
teachers. This need should take into consideration the
supply of trained teachers from existing institutions, the
requirement of such teachers in relation to enrolment
C
projections at various stages, the attrition rates among
trained teachers due to superannuation, change of
occupation, death, etc. and the number of trained teachers
on the live register of the employment exchanges seeking
employment and the possibility of their deployment. The
D
States having more than the required number of trained
teachers may not encourage opening of new institutions
for teacher educatipn or to increase the intake.
2. The States having shortage of trained teachers may
E
encourage establishment of new institutions for teacher
ePUcation and to increase intake capacity for various levels
of teacher education institutions keeping in view the
requirements of teachers estimated for the next 10-15
years.
1
3. Preference might be given to institutions which tend to
emphasise the preparation of teachers for subjects (such
as Science, Mathematics, English, etc.) for which trained
teachers have been in short supply in relation to
F
requirement of schools.
G
4. Apart from the usual courses for teacher preparation,
institutions which propose to concern themselves with new
emerging specialities (e.g.