TMI Blog2001 (1) TMI 994X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and its functionaries (hereinafter described as the Appellants ) against judgment dated 13.5.2009 of the Division Bench of the High Court affirming the order of the learned Single Judge. Scheme of the Act and the Regulations: 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 National Council for Teacher Education Act, 1993 (for short, the Act ), which provides 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 recognised institution to mean an institution recognised 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions 12, 14 to 16 and 17A of the Act, which have bearing on the decision of these appeals read as under: 12. Functions of the Council. - It shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this Act, the Council may- (a) undertake surveys and studies relating to various aspects of teacher education and publish the result thereof; (b) make recommendations to the Central and State Governments, Universities, University Grants Commission and recognised institutions in the matter of preparation of suitable plans and programmes in the field of teacher education; (c) coordinate and monitor teacher education and its development in the country; (d) lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or in recognised institutions; (e) lay down norms for any specified category of courses or training in teacher education, including the minimum eligibility criteria for admission thereof, and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as adequate financial resources, accommodation, library, qualified staff, laboratory and that if fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or (b) if it is of the opinion that such institution does not fulfil the requirements laid down in Sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing: Provided that before passing an order under Sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation. (4) xxx xxx xxx (5) Every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under Clause (b) of Sub-section (3). (6) Every examining body shall, on receipt of the order under Sub-section (4),- (a) grant affiliation t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, unless the institution concerned has obtained recognition under Section 14 or permission under Section 15, as the case may be. 4. In exercise of the power vested in it under Section 32, the Council has, from time to time, framed Regulations. In the first place, such Regulations were framed in 1995 with the title the National Council for Teacher Education (Application for recognition, the manner for submission, determination of conditions for recognition of institutions and permissions to start new course or training) Regulations, 1995 . In 2002, the Council framed the National Council for Teacher Education (Form of application for recognition, the time limit of submission of application, determination of norms and standards for recognition of teacher education programmes and permission to start new course or training) Regulations, 2002 . These regulations were amended six times between 2003 and 2005 and were finally repealed by the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2005 . The 2005 Regulations were repealed by the 2007 Regulations. The relevant provisions of the 2007 Regulations are reproduced below: 4. Eligibility ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the applicants shall remove within 90 days. No application shall be processed if the processing fees of ₹ 40,000/- is not submitted and such applications would be returned to the applicant institutions. (2) Simultaneously, on receipt of application, a written communication alongwith a copy of the application form submitted by the institution(s) shall be sent by the office of Regional Committees to the State Government/U.T. Administration concerned. (3) On receipt of the communication, the State Government/UT Administration concerned shall furnish its recommendations on the applications to the office of the Regional Committee concerned of the National Council for Teacher Education within 60 days from receipt. If the recommendation is negative, the State Government/UT Administration shall provide detailed reasons/grounds thereof with necessary statistics, which shall be taken into consideration by the Regional Committee concerned while deciding the application. If no communication is received from the State Government/UT Administration within the stipulated 60 days, it shall be presumed that the State Government/UT Administration concerned has no recommendation to make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9) covering, inter alia, the details of the institution, its location, name of the course applied for with intake, availability of physical infrastructure (land, building, office, classrooms, and other facilities/amenities), instructional facilities (laboratory, library etc.) and the particulars of their proposed teaching and non-teaching staff etc. with photographs, for information of all concerned. (11) The institution concerned, after appointing the requisite faculty/staff as per Regulation 7(9) above and fulfilling the conditions under Regulation 7(10) above shall formally inform the Regional Committee concerned alongwith the requisite affidavit and staff list. The Regional Committee concerned shall then issue a formal recognition order that shall be notified as per provision of the NCTE Act. (12) xxx xxx xxx (13) xxx xxx xxx 8. Conditions for grant of recognition (1) An institution must fulfill all the prescribed conditions related to norms and standards as prescrib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xx xxx (10) At the time of inspection, the building of the institution shall be complete in the form of a permanent structure on the land possessed by the institution in terms of Regulation 8(7), equipped with all necessary amenities and fulfilling all such requirements as prescribed in the norms and standards. The applicant institution shall produce the original completion certificate, approved building plan in proof of the completion of building and built up area and other documents to the Visiting Team for verification. No temporary structure/asbestos roofing shall be allowed. (11) xxx xxx xxx (12) An institution shall make admission only after it obtains order of recognition from the Regional Committee concerned under Regulation 7(11), and affiliation from the examining body. (13) to (16) xxx xxx xxx 5. Since the 2007 Regulations were notified on 10.12.2007 i.e. after the cut off date specified in Regulation 5(4) for submission of application for academic session 2008-2009 was over, the Council issued Notification F. No. 48-3/(1)/2008/NCTE/N S dated 1.7.2008 and fixed 31.8.2008 as the cut off date for process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acher education institutions keeping in view the requirements of teachers estimated for the next 10-15 years. 3. Preference might be given to institutions which tend to emphasise the preparation of teachers for subjects (such as Science, 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 such as education of the disabled, non-formal education, education of adults, pre-school education, vocational education, etc. special efforts and incentives may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s on 28.12.2007, 31.3.2008, 10.4.2008 and 17.4.2008 respectively for grant of recognition for starting B. Ed. course for the academic year 2008-2009. They also applied to the State Government for grant of 'no objection certificates'. After considering their applications, the Northern Regional Committee of the Council informed the private Respondents about the deficiencies in their applications. After the deficiencies were removed, the premises of the private Respondents were inspected by the teams constituted by the Northern Regional Committee. The inspection reports were considered in the meeting of the Northern Regional Committee held on 21.9.2008 but recognition was not granted to them apparently on the ground that the cut off date specified in the regulations was already over. 9. Feeling aggrieved by the alleged failure of the Northern Regional Committee to grant recognition, the private Respondents filed writ petitions in the Rajasthan High Court, Jaipur Bench, with the allegation that they have been discriminated vis-a-vis other applicants and, in this manner, their right to equality guaranteed under Article 14 of the Constitution has been violated. By an interim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d allowed them to continue with the result that the students have been admitted and the studies are going on and discrimination is continuing against the Petitioners and for removal of discrimination, they are entitled for extension of the date i.e. 31.8.2008 till the meeting dated 20-21/9/2008? (iv) Whether fixing of the cut off date of inspection i.e. 31.8.2008 by the N.C.T.E. by Annexure R-7 dated 1.7.2008 has no reasonable nexus with the aims and object of granting recognition in the meeting dated 20- 21.9.2008 or the same is a fortuitous circumstance? (v) When the concerned University has admitted students up to 15.1.09 and submitted that 180 teaching days can be completed before the start of next academic session, then the Petitioners who are not at fault, be allowed to suffer? 12. While dealing with the question of discrimination, the learned Single Judge noted that large number of similarly situated institutions were granted recognition despite the fact that their cases were considered in the meeting of the Northern Regional Committee held on 20-21.9.2008 and observed: It is true that two wrong cannot make one right. Here, in the instant case, the present writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udge of the High Court, which has been confirmed by the Division Bench, because in compliance thereof the Northern Regional Committee has already granted recognition to the private Respondents and by now they must have admitted students against the sanctioned intake. He, however, argued that the reasons assigned by the learned Single Judge for striking down the cut off date specified in Clause (5) of Regulation 5 are legally untenable and to that extent the order of the learned Single Judge and the judgment of the Division Bench are liable to be set aside. Learned senior counsel emphasized that the cut off dates have been prescribed for submission of application to the Regional Committee and communication of the decision regarding grant or refusal of recognition with a view to ensure that decision on the issue of recognition of the colleges is not unduly delayed and the students admitted in the recognized institutions are able to fulfil the requirement of attending at least 180 teaching days during the academic session. Learned senior counsel further submitted that the cut off dates specified in Clauses (4) and (5) of Regulation 5 have direct nexus with the object of ensuring time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the exercise of its governmental power, has of necessity to make laws operating differently on different groups or classes of persons within its territory to attain particular ends in giving effect to its policies, and it must possess for that purpose large powers of distinguishing and classifying persons or things to be subjected to such laws. (3) The constitutional command to the State to afford equal protection of its laws sets a goal not attainable by the invention and application of a precise formula. therefore, classification need not be constituted by an exact or scientific exclusion or inclusion of persons or things. The courts should not insist on delusive exactness or apply doctrinaire tests for determining the validity of classification in any given case. Classification is justified if it is not palpably arbitrary. (4) The principle underlying the guarantee of Article 14 is not that the same rules of law should be applicable to all persons within the Indian territory or that the same remedies should be made available to them irrespective of differences of circumstances. It only means that all persons similarly circumstanced shall be treated alike both in privileg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the cut off date i.e. 21.7.1967 specified in the notification was arbitrary. The High Court of Madras allowed the writ petition filed by the Respondents and struck down the cut off date by observing that the classification of the units engaged in the manufacturing of match boxes was irrational and arbitrary. While reversing the order of the High Court, this Court referred to the judgment in Louisville Gas Co. v. Alabama Power C. (1927) 240 US 30 and held: We do not think that the reasoning of the High Court is correct. It may be noted that it was by the proviso in the notification dated July 21, 1967 that it was made necessary that a declaration should be filed by a manufacturer that the total clearance from the factory during a financial year is not estimated to exceed 75 million matches in order to earn the concessional rate of ₹ 3.75 per gross boxes of 50 matches each. The proviso, however, did not say, when the declaration should be filed. The purpose behind that proviso was to enable only bona fide small manufacturers of matches to earn the concessional rate of duty by filing the declaration. All small manufacturers whose estimated clearance was less than 75 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce for the financial year 1967-68 is not estimated to exceed 75 million matches. In the matter of granting concession or exemption from tax, the Government has a wide latitude of discretion. It need not give exemption or concession to everyone in order that it may grant the same to some. As we said, the object of granting the concessional rate of duty was to protect the smaller units in the industry from the competition by the larger ones and that object would have been frustrated, if, by adopting the device of fragmentation, the larger units could become the ultimate beneficiaries of the bounty. That a classification can be founded on a particular date and yet be reasonable, has been held by this Court in several decisions. The choice of a date as a basis for classification cannot always be dubbed as arbitrary even if no particular reason is forthcoming for the choice unless it is shown to be capricious or whimsical in the circumstances. When it is seen that a line or a point there must be and there is no mathematical or logical way of fixing it precisely, the decision of the legislature or its delegate must be accepted unless we can say that it is very wide off the reasonable m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tisement. Following the past practice the State Government fixed the last date for receipt of applications as January 31, 1988. Those who had completed the required experience of three years by that date were, therefore, eligible to apply for the posts in question. The Respondents and some of the intervenors who were not completing the required experience by that date, therefore, challenged the fixation of the last date as arbitrary and violative of Article 14 of the Constitution. It is obvious that in fixing the last date as January 31, 1988 the State Government had only followed the past practice and if the High Court's attention had been invited to this fact it would perhaps have refused to interfere since its interference is based on the erroneous belief that the past practice was to fix June 30 of the relevant year as the last date for receipt of applications. Except for leaning on a past practice the High Court has not assigned any reasons for its choice of the date. As pointed out by this Court the choice of date cannot be dubbed as arbitrary even if no particular reason is forthcoming for the same unless it is shown to be capricious or whimsical or wide off the reasona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tee is required to constitute a team to inspect infrastructure, equipments and instructional facilities made available by the applicant with a view to assess the level of preparedness for commencement of the course. (5) The inspection is to be carried out by associating the representative(s) of the concerned institution. (6) Upon receipt of the inspection report and after satisfying itself that the requirements enumerated in Clauses (10) and (11) of Regulation 7 have been fulfilled, the Regional Committee has to take final decision on the issue of grant of recognition to the applicant. 22. This entire exercise is time consuming. therefore, some date had to be fixed for submission of application and some time schedule had to be prescribed for taking final decision on the issue of recognition, which necessarily involves scrutiny of the application, removal of deficiency, if any, receipt of recommendations/suggestions of the State Government/Union Territory Administration, inspection of infrastructure, equipments and other facilities in the institution and consideration of the entire material including report of the inspection committee. By fixing 31 st October of the prec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailable vacant posts, but large number of them do not succeed in this venture because of non-availability of posts. The State Government/Union Territory Administration sanctions the posts keeping in view the requirement of trained teachers and budgetary provisions made for that purpose. They cannot appoint all those who successfully pass B. Ed. and like courses every year. therefore, by incorporating the provision for sending the applications to the State Government/Union Territory Administration and consideration of the recommendations/suggestions, if any made by them, the Council has made an attempt to ensure that as a result of grant of recognition to unlimited number of institutions to start B. Ed. and like courses, candidates far in excess of the requirement of trained teachers do not become available and they cannot be appointed as teachers. If, in a given year, it is found that adequate numbers of suitable candidates possessing the requisite qualifications are already available to meet the requirement of trained teachers, the State Government/Union Territory Administration can suggest to the concerned Regional Committee not to grant recognition to new institutions or increa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommittee cannot perform such Herculean task and it has to necessarily depend upon some other agency or body for obtaining necessary information. It is for this reason that the assistance of the State Government or Union Territory in which that institution is located is taken by the Regional Committee and this is achieved by making a provision in Regulations 5(e) and (f) that the application made by the institution for grant of recognition has to be accompanied with an NOC from the State or Union Territory concerned. The impugned Regulations in fact facilitate the job of the Regional Committees in discharging their responsibilities. After adverting to the guidelines issued by the Council on 2.2.1996, the Court observed: A perusal of the guidelines would show that while considering an application for grant of an NOC the State Government or the Union Territory has to confine itself to the matters enumerated therein like assessed need for trained teachers, preference to such institutions which lay emphasis on preparation of teachers for subjects like Science, Mathematics, English etc. for which trained teachers are in short supply and institutions which propose to concern themsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gulations and observed: 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 State Government or Union Territory concerned 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 an NOC by the State Government or Union Territory is not conclusive or binding and the views expressed by the State Government will be considered by the Regional Committee while taking the decision on the application for grant of recognition. In view of these new Regulations the challenge raised to the validity of Regulations 5(e) and (f) has been further whittled down. The role of the State Government is certainly important for supplying the requisite data which is essential for formation of opinion by the Regional Committee while taking a decision under Sub-section (3) of Section 14 of the Act. therefore no exception c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng permission to one more college in that locality. Entry 25 of the Concurrent List gives power to the State Legislature to make laws regarding education, including technical education. Of course, this is subject to the provisions of Entries 63, 64, 65 and 66 of List I. Entry 66 of List I to which the legislative source is traced for the AICTE Act, deals with the general power of Parliament for coordination, determination of standards in institutions for higher education or research and scientific and technical educational institutions and Entry 65 deals with the union agencies and institutions for professional, vocational and technical training, including the training of police officers, etc. The State has certainly the legislative competence to pass the legislation in respect of education including technical education and Section 20 of the Act is intended for general welfare of the citizens of the State and also in discharge of the constitutional duty enumerated under Article 41 of the Constitution. The general survey in various fields of technical education contemplated under Section 10(1)(a) of the AICTE Act is not pertaining to the educational needs of any particular area i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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