TMI Blog2003 (2) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... UR,J. Leave granted. The question which requires consideration in this bunch of special leave petitions and writ petitions is whether Regulations 5 (e) and (f) framed by National Council for Teachers Education (hereinafter referred to as the Council ) are ultra vires the provisions of National Council for Teacher Education Act, 1993 (hereinafter referred to as the Act ). We will briefly refer to the facts of SLP No. 2421 of 2001 which is the leading case. The appellant claims to be a Christian Minority Teacher Training Institute and is run and managed by the Tamilnadu Educational Trust which is engaged in the field of education since 1989. The petitioner made an application to the Regional Director, National Council for Teacher Education (Southern Committee) Bangalore, seeking permission for starting a course in Elementary Education Training in the year 1999-2000. The respondents sent a letter dated August 18, 1999 stating that unless the State Government issued a No Objection Certificate (hereinafter referred as NOC ) the application of the petitioner shall be treated as incomplete and shall not be considered. The petitioner then filed a writ petition before the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e any role for the State Government but by insisting for obtaining a NOC from the State Government or Union Territory in which the institution is located, the Regulations have created another body to consider the application moved by an institution for grant of recognition which is not at all contemplated by the Act. Learned Counsel has submitted that in view of the express language used in Sub-section (3) of Section 14 of the Act, the satisfaction is to be that of the Regional Committee alone and no other authority or body, much less the State Government, can have any say in the matter which may have a bearing on the satisfaction of the Regional Committee. It is contended that under the guise of framing the Regulations, the power of recognition itself has been given to the State Government as in the event a NOC is not granted by the State Government, the application made to the Regional Committee is treated as incomplete and is not even considered on merits. Lastly it has been urged that no guidelines have been given in the impugned Regulations to indicate the circumstances under which a NOC could be granted and therefore the impugned Regulations are wholly ultra vires and invalid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suring certain standards and excellence of education in teachers training institutes, and establishing institutes with the high objectives of training teachers and educationists who have upon them the task of moulding the future of the nation was being felt. The life-less stereotyped and dull teaching methods had to be replaced with a system that infuses dynamism and vibrance in the methods of imparting education. To achieve this it is necessary that only such institutes which are equipped with all the necessary inputs to train and produce teachers who are capable of instilling aesthetic excellence in the life of their pupil be established and permitted to run the teachers training course. It was towards this end that the National Council for Teacher Education came to be established under the Act in the year 1993. In para 6 it is averred that the requirement of a NOC from the State Government was one of the issues that was deliberated upon by the members of the Council, including the experts from the field of education and academics. The State Governments have been assigned an important role in the task of development and improvement of teacher education and also in the matter fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trained teachers with no or little chance of their getting employment in the near future that the requirement of a NOC from the State Government has been incorporated. It is further averred that it is an enabling provision under the Act and does not pose any impediment or any disability in the effective discharge of the statutory responsibilities by the Council as the State Government has only been given the responsibility of determining the extent to which trained manpower is required in a particular State. Before examining the contentions raised by the learned counsel for the parties, it will be convenient to briefly notice the relevant provisions of the Act. Section 2(c) defines the Council and it means the National Council for Teacher Education established under sub-section (1) of Section 3. Section 2(e) defines institution , which means an institution which offers courses or training in teacher education. Section 2(j) defines Regional Committee which means a Committee established under Section 20. Section 2(k) defines regulations which means regulations made under Section 32. Section 2(l) defines teacher education which means programmes of education, research or trai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) .. (b) .. (c) . (d) . (e) the form and the manner in which an application for recognition is to be submitted under sub-section (1) of section 14; (f) conditions required for the proper functioning of the institution and conditions for granting recognition under clause (a) of sub-section (3) of section 14; (g) the form and the manner in which an application for permission is to be made under sub-section (1) of section 15; In exercise of powers conferred by Section 32 of the Act the Council has framed Regulations known as National Council for Teacher Education (application for recognition, the manner for submission, determination of conditions for recognition of institutions and permission to start new course or training) Regulations, 1995 on December 29, 1995. Regulation 5 deals with the manner of making application and Regulation 8 deals with condition for recognition. Regulations 5 (e) and (f) and 8 read as under: (e) Every institution intending to offer a course or training in teac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and minuteness when the statutory authority making the Rule, after coming in to force of the Act, is in a better position to adapt the Act to special circumstances. Delegated legislation permits utilisation of experience and consultation with interests affected by the practical operation of statutes. Rules and Regulations made by reason of the specific power conferred by the Statutes to make Rules and Regulations establish the pattern of conduct to be followed. Regulations are in aid of enforcement of the provisions of the Statute. The process of legislation by departmental Regulations saves time and is intended to deal with local variations and the power to legislate by statutory instrument in the form of Rules and Regulations is conferred by Parliament. The main justification for delegated legislation is that the legislature being over burdened and the needs of the modern day society being complex it can not possibly foresee every administrative difficulty that may arise after the Statute has begun to operate. Delegated legislation fills those needs. The Regulations made under power conferred by the Statute are supporting legislation and have the force and affect, if validly made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the regulation and proper maintenance of norms and standards therein. Sub-section (3) of Section 14 casts a duty upon the Regional Committee to be satisfied with regard to large number of matters before passing an order granting recognition to an institution which has moved an application for the said purpose. The factors mentioned in sub-section (3) are that the institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education as may be laid down in the Regulations. As mentioned earlier there are only four Regional Committees in the whole country and, therefore, each Regional Committee has to deal with applications for grant of recognition from several States. It is therefore obvious that it will not only be difficult but almost impossible for the Regional Committee to itself obtain complete particulars and details of financial resources, accommodation, library, qualified staff, laboratory and other conditions of the institution which has moved an application for grant of recognition. The institution may be l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence, Mathematics, English etc.) for which trained teachers have been in short supply in relation to requirement of schools. 4. Apart from the usual courses for teacher preparation, institutions which propose to concern themselves with new emerging specialities (e.g. computer education, use of electronic media, guidance and counselling etc.) should receive priority. Provisions for these should however, be made only after ensuring that requisite manpower, equipment and infrastructure are available. These considerations will also be kept in view by the institution intending to provide for optional subjects to be chosen by students such as guidance and counselling special education etc. 5. With a view to ensuring supply of qualified and trained teachers for such specialities education of the disabled nonformal education, education of adults, preschool education, vocational education etc. special efforts and incentives may be provided to motivate private managements/voluntary organisations for establishment of institutions, which lay emphasis on these areas. 6. With a view to promoting professional commitment among prospective teachers, institutions which can ensure adequate r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eachers can be exposed to demonstration lessons and can undertake practice teaching. Para 8 of the guidelines deals with financial resources, accommodation, library and other infrastructure of the institution which is desirous of starting a course of training and teacher education. The guidelines clearly pertain to the matters enumerated in sub-section (3) of Section 14 of the Act which have to be taken into consideration by the Regional Committee while considering the application for granting recognition to an institution which wants to start a course for training in teacher education. The guidelines have also direct nexus to the object of the Act namely, planned and coordinated development of teacher education system and proper maintenance of norms and standards. It cannot, therefore, be urged that the power conferred on the State Government or Union Territory, while considering an application for grant of a NOC, is an arbitrary or unchanelled power. The State Government or the Union Territory has to necessarily confine itself to the guidelines issued by the Council while considering the application for grant of a NOC. In case the State Government does not take into consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iv) The NOC issued by the State Government/UT Administration will remain valid till such time the State Government/UT Administration withdraws/cancels it. (v) The NOC will be deemed to have lapsed if the institution fails to get recognition within three years from the date of its issue. (vi) Requirement of NOC shall not apply to Government Institutions. (vii) Requirement for NOC shall not apply to University Department for taking up innovative teacher education programme for a maximum intake of 50 (fifty only). The question as to whether a programme is innovative will be decided by the concerned Regional Committee. Regulation 6(ii) of these Regulations provides that the endorsement of the State Government/Union Territory Administration in regard to issue of NOC will be considered by the Regional Committee while taking a decision on the application for recognition. This provision shows that even if the NOC is not granted by the concerned State Government or Union Territory and the same is refused, the entire matter will be examined by the Regional Committee while taking a decision on the application for recognition. Therefore, the grant or refusal of a NOC by the State ..... X X X X Extracts X X X X X X X X Extracts X X X X
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