EMMANUAL TEACHER TRAINING INSTITUTE Vs. REGIONAL DIRECTOR SOUTHERN REGIONAL COMMITTEE NATIONAL COUNCIL FOR TEACHERS EDUCATION

JUDGEMENT

(1.) IN all these Writ petitions, common question arise for consideration and therefore with the consent of parties, these Writ Petitions are disposed of by this common order.

(2.) ALL these petitioners requested the State Government for the issuance of no objection Certificate for establishing Teacher Training Institute. Only on getting a certificate from the State Government, Regional Committee under the National Council for Teacher Education Act, 1993 could give recognition after considering the infrastructural facilities for establishing an institution. An application was made to Regional Committee for recognition. They informed all these petitioners that without getting no objection certificate from the State Government, their requests cannot be considered. When such a request was made to the State Government, an order was passed rejecting the application. ALL these applications were rejected more or less on same lines which read thus:

(3.) LEARNED Counsel for petitioners submit that the order enmass rejecting application is without taking into consideration the relevant provisions of National Council for Teacher Education Act, 1993. It is argued that the Act does not contemplates for getting no objection certificate from the State Government and the Government is relying upon certain guidelines issued by the Regional Committee constituted under National Council for Teacher Education Act. These guidelines have no statutory force It is further argued that under Section 32 of the Act, regulations have to be framed and the regulations cannot go beyond the scope of the Act itself. Though the regulation is passed for getting no objection certificate, the same cannot be treated as passed with authority when the Act does not contemplate for getting such a certificate. The argument is regulation has gone beyond the scope of the Act and therefore invalid.