TMI Blog2002 (10) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... as the Act ) was also challenged. The High Court by the impugned judgment came to hold that the order de-recognising the vacation course is bad in law. The High Court also struck down Section 17(4) of the Act. The parliament enacted the Act and provided for the establishment of a council for teacher education with a view to achieving planned and coordinated development of the teacher education system throughout the country and for regulation of proper maintenance of norms and standards in the teacher education system. Section 17 of the Act, with which we are concerned in the present case, is extracted herein below: Section 17. Contravention of provisions of the Act and consequences thereof. (1) Where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of this Act, or the rules, regulations orders made or issued thereunder, or any condition subject to which recognition under sub-section (3) of section 14 or permission under sub-section 15 was granted, it may withdraw recognition of such recognised institution for reasons to be recorded in writing: Provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication for grant of recognition to the Bachelor of Education (vacation course). This application, having been rejected by the Northern Regional Committee of the Council, the respondent had approached the High Court. Having regard to the Entry 66 of the List I of the Seventh Schedule of the Constitution, the High Court did record a conclusion that the Parliament has the legislative competence for enacting the Act with a view for achieving planned and coordinated development of the teacher education system. But so far as Section 17(4) of the Act is concerned, the High Court held that the Parliament cannot make law prescribing qualification for entry into the service under the State Government and such law can be made only under the Proviso to Article 309 of the Constitution. In the opinion of the High Court, when NCTE cannot force a State or State funded institution to employ only teachers having a particular qualification like B.Ed or B.P.Ed. or it cannot force the State Government for the employee to have B.Ed degree then it cannot have power under any law to de-recognize any such degree for the purpose of employment and as such Sub-section (4) of Section 17 is unconstitutiona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... latures. They neither impose any restrictions on the legislative powers nor prescribe any duty for exercise of the legislative power in any particular manner. It has been a cardinal principle of construction that the language of the entries should be given the widest scope of which their meaning is fairly capable and while interpreting an entry of any List it would not be reasonable to import any limitation therein. The rule of widest construction, however, would not enable the legislature to make a law relating to a matter which has no rational connection with the subject matter of an entry. When the vires of enactment is challenged, the court primarily presumes the constitutionality of the statute by putting the most liberal construction upon the relevant legislative entry so that it may have the widest amplitude and the substance of the legislation will have to be looked into. The Court sometimes is duty bound to guard against extending the meaning of the words beyond their reasonable connotation in anxiety to preserve the power of the legislature. It is further a well-settled principle that entries in the different lists should be read together without giving a narrow meanin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... education within the meaning of Entry 66 of List I of the Seventh Schedule. Both Entries 65 and 66 of List I empower the Central Legislature to secure the standards of research and the standards of higher education. The object behind being that the same standards are not lowered at the hands of the particular State or States to the detriment of the national progress and the power of the State legislature must be so exercised as not to directly encroach upon power of Union under Entry 66. The power to coordinate does not mean merely the power to evaluate but it means to harmonise or secure relationship for concerted action. A legislation made for the purpose of coordination of standards of higher education is essentially a legislation by the Central legislature in exercise of its competence under Entry 66 of List I of the Seventh Schedule and sub-section (4) of Section 17 merely provides the consequences if an institution offers a course or training in teacher education in contravention of the Act though the ultimate consequences under sub-section (4) of Section 17 may be that unqualified teacher will not be entitled to get an employment under the State or Central Government or in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds of education, particularly, in relation to the teachers education. Education is the backbone of every democracy and any deterioration in the Standard of teaching in the B.Ed course would ultimately produce sub-standard prospective teachers who would be teaching in schools and colleges throughout the country and on whose efficiency the future of the country depends. Inasmuch as the teacher himself has received a sub-standard education it is difficult to expect from him a higher standard of teaching to the students of the schools or other institutions. It is from this perspective, the conclusion of an expert body should not be lightly tinkered with by court of law without giving due weightage to the conclusion arrived at by such expert body. From this standpoint, we are of the considered opinion that the High Court committed error in holding that there was no reasonable justification for not recognising the B.Ed (Vacation Course) which was being imparted by the institution of Shah Goverdhan Lal Kabra Teachers College. In the aforesaid premises, we set aside the impugned Judgment of the High Court and allow this appeal. In other Civil Appeals which have been filed by the State o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
