SAMPAT STC MAHAVIDHYALAYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In these bunch of writ petitions, a challenge has been made to the orders of the National Council for Teacher Education (for short 'the NCTE' ) dated 27.1.2009 and 17.3.2009 coupled with a challenge to the order of the State Government dated 3.1.2009.

(2.) It is stated that petitioner applied for grant of recognition to their institutions for the courses mentioned in the memo of the writ petitions. The application for recognition was made pursuant to the advertisement issued by the NCTE on 1.10.2008. Last date for submission of the application was 31.10.2008. This was for academic year 2009-2010. Most of the writ petitions out of the bunch are in respect of recognition of course for academic year 2009-2010. Other writ petitions pertain to academic year 2008-2009 where the grievance of the petitioner institutions is that they were not granted recognition and at the same time certain other institutions made application subsequently were given recognition by the NCTE. Thus, issue of discrimination in the action of the NCTE has been challenged.

(3.) Learned counsels appearing for the petitioner institutions submit that after enactment of National Council for Teacher Education Act, 1993 (for short the Act of 1993"" ), it is only the NCTE which is having final authority to grant or refuse recognition of the institutions for the courses for which council is having authority. For the purpose of regulating teacher education throughout the country, initially regulations were framed in the year 2002 followed by Regulations of 2007 which are called as National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2007 (for short 'the Regulations' ). Regulations of 2007 were further amended by the amending Regulations of 2008 and accordingly respondent - NCTE is under an obligation to act as per the provisions of the Act of 1993 and Regulations of 2007 so amended in the year 2008. As per Regulations 5 & 6 of the Regulations, application along with requisite documents is required to be submitted by the institution in triplicate with prescribed process fee of Rs. 40,000.00. Regulation 7 of the Regulations provides procedure for processing of the application. As per Clause 7(1) of the Regulations, NCTE can point out deficiencies, if so found, within a period of 30 days. The institution is to thereafter cure the deficiencies within a period of 90 days from the date of communication. As per Clause 7(2) of the Regulations, NCTE is under an obligation to send a copy of the application to the State Government because as per Clause 7(3) of the Regulations, the State Government is required to send its recommendations within a period of 60 days from the date of receipt. It is provided in the aforesaid clauses that if necessary recommendations are not made by the State Government within a period of 60 days, then there would be presumption that State Government has no objection. As per Clause 7(4) of the Regulations, NCTE will arrange for inspection of the institution on removal of the deficiencies. The Regulations entail inspection of infrastructural, equipment and instructional facilities etc. Inspection has to be made by the Team of Experts. The aforesaid inspection is to be conducted within a period of 30 days from the receipt of consent from the applicant institution. The provisions of Clause 7(5) of the Regulations further provides that how the inspection would be made by the Visiting Team.