ABHYUDYA SANSTHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The only question which needs consideration in these appeals is whether the Appellants who had not been granted recognition by the Western Regional Committee of the National Council for Teacher Education and who did not get affiliation from the examining body in accordance with the provisions of the National Council for Teacher Education Act, 1993 (for short, Rs. the Act) and the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2007 (for short, Rs. the Regulations) are entitled to question the order passed by the Division Bench of the Bombay High Court, Nagpur Bench whereby recognition granted to over 290 institutions was cancelled.

(3.) With a view to achieve the object of planned and 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 Act 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 3. Section 2(i) defines the term "recognized institution" to mean an institution recognized under Section 14. Section 2(j) 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, 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 to be appointed from amongst teachers of primary and secondary education and teachers of recognized 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 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 recognized institution unless 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 there under or the conditions of recognition by a recognized institution finds place in Section 17. By an amendment made in July, 2006, Section 17A 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 Section 14 or permission under Section 15. Section 29 declares that the NCTE shall, in the discharge of its functions and duties under the Act be bound by such directions on questions of policy as the Central Government may give in writing from time to time and the decision of the Central Government as to whether a question is one of policy or not shall be final. 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 make regulations for implementation of the provisions of the Act subject to the rider that the regulations shall not be inconsistent with the provisions of the Act and the rules made there under. Section 32(2) specifies the matters on which the Council can frame regulations. Sections 12, 14 to 16 and 17A of the Act, which have bearing on the decision of these appeals read as under: