Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Council for Teachers Education Act NOC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Education: National Council for Teachers Education Act, 1993-Sections 14, 15 and 32-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-Regulation , 6-Appellant-Trust applied for recognition to offer training in teacher education for the academic year 2004-05 without the requisite NOC from the State Government-The NOC was belatedly submitted after the cut-off date for · submission of the app/ication-NCTE granted recognition, but for the ensuing academic year-Validity of-Held: On facts, NCTE cannot be said to have acted i//ega//y, arbitrarily or unreasonably-Hence cannot be interfered with under Article l 4 of the Constitution, even if an order is passed in favour of · E any other institution in similar circumstances-Constitution of India, 1950- Article 14. Appellant filed application before respondent-NCTE oa 30th December, 2003 for recognition to offer training in teacher education for the academic year 2004-05. The application was submitted without the F requisite NOC from the State Government. Appellant had applied for the NOC on October 31, 2003 and was granted the same on January 30, 2004. It submitted the NOC to NCTE on 2nd February, 2004, pursuant whereto NCTE granted recognition, but imposed a condition that it would be operative for the ensuing academic year 2005-06 since the Appellant had submitted the NOC belatedly, i.e. after 31st December, 2003, the cut-off date for submission of applications, and hence, the application was incomplete as on 31st December, 2003. Single Judge of High Court allowed the writ petition filed by appellant and directed the respondent to consider the claim of the appellant 'positively' and 'permit' the students in the academic year 2004-05. But Division Bench set aside the order of Single Judge and held that since appellant and other institutions had not submitted their applications within time and there was delay on their part in making such applications, the condition imposed by respondent and the recognition granted for academic year 2005-06 could not be said to be illegal, contrary to law or otherwise unlawful. Hence, the present appeal. Appellant contended that it had filed the application within the time prescribed; that it had applied to the State Government for grant of NOC, but there was delay on the part of the State Government in taking a decision one way or the other; and that once the NOC was granted, immediately thereafter action was taken by the appellant in moving the NCTE. Appellant further contended that in a similar situation, an order was passed by NCTE in favour of one Sabari Education Society, where also, NCTE granted recognition from 2005-06 but a Writ Petition against the said condition was allowed and the institution was granted recognition from 2004-05; that an appeal against the said order was dismissed by the Division Bench; that even an SLP has been dismissed by this Court and that the case of the appellant being similar to Sabari Education Society, appellant deserved similar treatment. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2005 INSC 150 |
Petitioner | Krishnasamy Reddiar Educational Trust |
Respondent | Member Secy., National Council For Teachers Education And Anr. |
SCR | [2005] 2 S.C.R. 937 |
Judgement Date | 2005-03-16 |
Case Number | 1776 |
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