NDLI: Adarsh Shiksha Mahavidyalaya and Others Vs. Subhash Rahangdale and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1993 Public Interest Litigation NATIONAL COUNCIL FOR TEACHER EDUCATION ACT
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	National Council for Teacher Education Act, 1993 (73 of 1993)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993:Object of its enactment - Discussed.Teachers - Role of, in Education system - Necessity of adequate teacher training - Discussed.Public Interest Litigation - Writ petition praying for issue of direction to the NCTE for ensuring proper maintenance of norms and standards in the teacher education system - Whether High Court committed an error in entertaining writ petition filed in the name of public interest litigation without making enquiry into the background of petitioner and his E special interest in the field of teacher education and ordering an inquiry into the allegations of irregularities committed in the matter of recognition and affiliation of self-financed private institutions and admission of the students by such institutions - Held: Writ petitioner was seeking to highlight grave F irregularities committed by the Western Regional Committee of NCTE in granting recognition to private institutions who did not fulfill the mandatory conditions relating to financial resources, accommodation, library, laboratory and other physical infrastructure and qualified staff and admitted G students who had either not passed the entrance test or had not appeared for the centralised counselling conducted under the directions issued by the State Government - Therefore, it cannot be said that High Court committed error in entertaining the writ petition and in ordering the enquiry - Directions passed - National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 and 2007 - Regulation~ 7(2) and (3).ss. 14(3), 15(3) - Conditions prescribed u/s.14(3), 15(3) - Grant of recognition - Held: Regional Committees established u/s.20 of the Act are duty bound to ensure that no private institution offering or intending to offer a course or training in teacher education is granted recognition unless it C satisfies the conditions specified in s.14(3)(a) and Regulations 7 and 8 of the Regulations. Likewise, no recognised institution intending to start any new course or training in teacher education shall be granted permission unless it satisfies the conditions specified in s.15(3)(a) of the 1993 Act and the relevant Regulations - National Council for Teacher D Education (Recognition Norms and Procedure) Regulations, 2005 and 2007 - Regulations 7, 8.ss.14(3), 15(3) - Recognition - Date of effect - Held: Recognition granted by the Regional Committees u/s.14(3)(a) E read with Regulations 7 and 8 of the Regulations and permission granted u/s. 15(3)(a) read with the relevant Regulations shall operate prospectively, i.e., from the date of communication of the order of recognition or permission, as the case may be - Neither the NCTE nor the University can F make it retrospective in nature - National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 and 2007 - Regulations 7, 8.ss.14(3), 15(3) - Discontinuance of course or training when recognition is refused/withdrawn - Held: . If the G recognition is refused u/s.14(3)(b) after affording reasonable opportunity to the applicant to make a written representation, the concerned institution is required to discontinue the course or training from the end of the academic session next following the date of receipt of the order - Similarly, withdrawal of H recognition becomes effective from the end of the academic session next following the date of communication of the order of withdrawal.s. 18 - Right of appeal - Held: Any institution aggrieved by the decision of the Western Regional Committee to reject the application for recognition or for permission to start a new course or training or withdrawal of recognition u/s. 17 shall be free to avail remedy of appeal u/s. 18 of the Act.EDUCATION/EDUCATIONAL INSTITUTIONS:Recognised/Unrecognised institutions - Entitlement of students to appear in the examination - Held: The students admitted by unrecognised institution and institutions which are not affiliated to any examining body are not entitled to appear in the examination conducted by the examining body or any other authorised agency - The students admitted by the 0 1 recognised institutions otherwise than through the entrance/ eligibility test conducted in accordance with the admission procedure contained in para 3.3 of Appendix-1 of the Regulations are also not entitled to appear in the examination conducted by the examining body or any other authorised E agency - National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 and 2007 - Regulations 7, 8.NATURAL JUSTICE: Writ petition praying for issue of direction to NCTE for ensuring proper maintenance of norms and standards in the teachers education system - High Court directed that recognition can be granted to an institution intending to undertake teacher training course only if the mandatory conditions are fulfilled and that the examining body cannot grant affiliation to any institution unless it is recognized by the NCTE - Plea of the appellants that directions given by High Court were vitiated due to violation of rules of natural justice since none of them were impleaded as party to the writ petition and they did not get opportunity to show that they were duly recognized by competent authority - Held: The conclusions recorded by High Court and the B directions contained in the impugned order were of general application and did not target any particular college or institution - Therefore, the appellants cannot be heard to make a grievance that the impugned order was violative of the rules of natural justice.NATIONAL COUNCIL FOR TEACHER EDUCATION (RECOGNITION NORMS AND PROCEDURE) REGULATIONS, 2005 AND 2007: Regulations 7(2) and (3) - Role of State Government in the matter of grant of recognition to the private institutions who want to conduct teacher training course - Held: Regulations 7(2) and (3) lay down' that a copy of the application form submitted by the institution(s) shall be sent by the office of the Regional Committee to the State Government/Union Territory Administration concerned and the latter shall furnish its recommendations within 60 days from receipt of the copy of the application - If the State Government/Union Territo,Y Administration does not make favourable recommendations, then it is required to provide detailed reasons/grounds with necessary statistics - While deciding the application made for recognition, the Regional Committee is· duty bound to consider the recommendations of the State Government/UT Administration.Admission procedure - Held: Private institutions cannot admit students de hors the entrance examination conducted by the State Government.
Judge	Hon'ble Mr. Justice G.S. Singhvi
Neutral Citation	2012 INSC 7
Petitioner	Adarsh Shiksha Mahavidyalaya And Others
Respondent	Subhash Rahangdale And Others
SCR	[2012] 2 S.C.R. 1
Judgement Date	2012-01-06
Case Number	104

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