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TMI Blog1999 (3) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... on for Recognition, the Manner for Submission, Determination of Conditions for Recognition of Institutions and Permission to start New Course of Training) Regulations, 1995" (in short, the 'Central Regulations'). 2. It is a matter of record that though the petitioner had made an application seeking no objection certificate from the State Government for the above purpose but the same has been refused by the Secretary, Education Department, Government of Karnataka, under its letter dated 12-8-1996 (Annexure-E), material part whereof reads as under.- "Sub: Issue of NOC for starting Teachers Training Center -Reg. Ref: Your representation dated 8-7-1996. The subject is considered. In view of the present policy of the Government, I am directed to inform you that your request for starting Teachers' Training Center cannot be granted". 3. In the backdrop of the above factual settings, the petitioner has approached this Court for striking down the Regulation 5(e), (c) and (f) of the Central Regulations as unconstitutional and void and even otherwise quash the State Government's endorsement dated 12/13-8-1996 at Annexure-E being arbitrary and consequentl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Act, the role of the said Body was purely advisory and for the said reason, it was found that it had very little impact on the standards of teacher training institutions in the country and on their unplanned growth. Therefore, as found in the Statement of Objects and Reasons to the Act, the Bill seeking the present Act was placed before the Parliament to achieve the following objectives: "The present Bill seeks to provide statutory powers to the NCTE with the object of determination, maintenance and co-ordination of standards in teacher education laying down norms and guidelines for various courses, promotion of innovation in this field and establishment of a suitable system of continuing education of teachers. The Bill seeks to empower the Council to make qualitative improvement in the system of teacher education by phasing out substandard institutions and courses for teacher education. The NCTE would also be empowered to grant recognition to institutions for teacher education and permission to recognized institutions for new course or training in teacher education. The Bill also provides for delegation of various powers to Regional Committees and other Committee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evelopment 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 recognized institutions in the matter of preparation of suitable plans and programmes in the field of teacher education; (c) co-ordinate 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 recognized institutions; 14. Recognition of institutions offering course or training in teacher education.--(1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations: Provided that an institution offering a cours ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecognition or permission by the Council.--Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day,-- (a) grant affiliation, whether provisional or otherwise, to any institution; or (b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognized institution, unless the institution concerned has obtained recognition from the Regional Committee concerned, under Section 14 or permission for a course or training under Section 15. 20. Regional Committees.--(1) The Council shall, by notification in the Official Gazette, establish the following Regional Committees, namely.- (i) the Eastern Regional Committee; (ii) the Western Regional Committee; (iii) the Northern Regional Committee and (iv) the Southern Regional Committee. (6) The Regional Committee shall, in addition to its functions under Sections 14, 15 and 17, perform such other functions, as may be assigned to it by the Council or as may be determined by regulations. 27. Delegation of powers and functions.--The Council may, by general or special order in writing, delegate to the Chairperson or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of sub-section (6) of Section 14 and Section 16 of the Central Act, as extracted above, notwithstanding anything contained in the State Regulations, once recognition is granted to an institution offering or intending to offer course or training in teachers education by the Regional Committee, then the State Department or the Examination Board has to necessarily grant affiliation to such institutions and in case it is refused by the Regional Committee, then they have to cancel the affiliation of the institution concerned. 13. Further, in view of Section 16 of the Central Act, the State Department or the Examination Board cannot grant affiliation either provisional or otherwise to any institution or hold examination in respect of a course or training conducted by any such institution unless the institution concerned has obtained recognition from the Regional Committee concerned under Section 14 or permission for starting a course or training under Section 15 of the Central Act. 14. Keeping in view the provisions contained in Section 14(6) and Section 16 of the Central Act, which have overriding effect on the State Legislation and the Regulations framed thereunder, the power of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in view of the impugned clauses (e) and (0 of Regulation 5 of the Central Regulations providing for 'Manner of making application'. 18. The impugned clauses of Regulation 5 of the Central Regulations are to the following effect.- "5. Manner of making application.- (e) Every Institution intending to offer a course or training in teacher education but was not functioning immediately before 17th August, 1995, shall submit application for recognition with a no objection certificate from the State or Union Territory in which the institution is located. (f) Application for permission to start new course or training and/or to increase intake by recognized institutions under Regulation 4 above shall be submitted to the Regional Committee concerned with no objection certificate from the State or Union Territory in which the institution is located". 19. A bare reading of the above clauses show that though as understood by all concerned, obtaining of 'no objection certificate' has been prescribed as mandatory for entertainment of an application filed under Section 14 or 15 of the Central Act pertaining to grant of recognition but no corresponding statutory du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... H at Bangalore and Kaginele College of Education at Mysore with B.Ed course during 1996-97. Karnataka Maha Samsthana Peeta, Kaginele, was sanctioned only in the interest of the welfare of the backward class. (b) With a view to pacify the perturbed muslims in resolving the Idgah Maidan issue at Hubli, the Cabinet took a decision to sanction the Anjuman TTI with TCH Course for the academic year 1996-97 in relaxation of the policy adopted by the Government. (c) In order to make good, the regional imbalance and having identified a dire need to establish a College of Education in Shi-karipura, Cabinet considered sanction of Kumadvathi College of Education at Shikaripura with B.Ed run by Swamy Vivekananda Education Society, as a special case and approved sanctioning the said college during 1996-97. (d) The records in respect of reopening of Adi Chunchanagiri C.P. Ed College for academic year 1996-97 discloses that the institution was started in the year 1982 and same was closed during 1987-88. However, during the academic year 1996-97, the college started functioning and the management sought post-facto permission for the C.P. Ed course. The said subject was placed before the Cabin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dopt a policy forbidding establishment of new teacher training institutions, the very fact of defiance of the same by the State Government itself for absolutely extraneous reasons being unconnected with teacher education has destroyed the very policy decision. Therefore, the Government could not have refused 'No Objection Certificate' to the petitioner under the guise of its policy decision. 28. Apart from the above reasons, the more serious question striking at the very root of the plea taken by the State Government is as to whether in view of the Central Act, the State Government could have at all taken any policy decision in respect of teacher education under Article 162 of the Constitution of India? 29. No doubt, Article 162 of the Constitution provides that subject to the other provisions of the Constitution, the executive powers of a State shall extend to the matters with respect to which the legislature of a State has powers to make laws. But in the case of State of Andhra Pradesh and Another v Lavu Narendra Nath and Others, the Apex Court has held that "the executive have a power to make any regulation which should have the effect of a law so long as it does ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by the Regional Committee on the basis of such a policy decision would amount to acting on extraneous dictation. -- See Anirudhsinhji Karansinhji Jadeja and Another v State of Gujarat. Consequently, the decision taken either by the State Government or the Regional Committee based on such policy decision of the State Government has to be held as illegal. Re: Validity of clauses (e) and (f) of Regulation 5 of the Central Regulations 35. I have already extracted the impugned clauses (e) and (f) of Regulation 5 of the Central Regulations in para 18 hereof. These regulations have been framed by the National Council pursuant to the powers conferred on it under Section 32 of the Central Act. The material provisions of this section has been extracted in para 9 hereof. 36. A reading of the provisions contained in Section 32 of the Central Act, makes it clear that the National Council has been empowered to frame regulations generally for the purposes of carrying out the provisions of the Act. Clause (e) of sub-section (2) of Section 32 specifically spells out that the regulations may provide for the form and the manner in which an application for recognition is to be submitted und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner' means 'method or mode or style'. Whereas, "Condition" means "essential quality; property, attribute, that which must exist as the occasion or concomitant of something else; that which is requisite in order that something else should take effect; an essential qualification; stipulation; terms specified; a clause in a contract, or agreement, which has for its object to suspend, to defeat, or in some way to modify, the principal obligation". 41. In Black's Law Dictionary, the word 'Manner' has been defined to mean that "a way, mode, method of doing anything, or mode of proceeding in any case or situation". Similarly, the word 'Condition' has been defined inter alia to mean "A qualification, restriction, or limitation modifying or destroying the original act with which it is connected; an event, fact or the like that is necessary to the occurrence of some other, though not is cause; a prerequisite; a stipulation". 42. From the above, it is clear that while exercising the power of making regulations for providing "manner" in which application for grant of recognition is to be filed, the National Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngels Teachers Training Institute v State of Tamil Nadu and Others and connected matters wherein the validity of the impugned clauses were upheld by holding that mere apprehension of misuse of the discretion vested in the State Government cannot be a ground for striking down the statutory regulation. He further submits that the Special Leave Petition in the case of Lords and Angels Teachers Training Institute v State of Tamil Nadu and Others, preferred against the said judgment was dismissed by the Supreme Court on 5-9-1997 though without expressing any opinion on the issues dealt upon by the High Court of Madras. 46. According to Mr. Shailendra Kumar, since Special Leave Petition had been dismissed, therefore, in law, it should be taken that the validity of the impugned clauses of the regulations have been upheld by the Supreme Court. 47. Mr. Shailendra Kumar, learned Standing Counsel appearing for the National Council, has further submitted that since 'No Objection Certificate' required to be obtained from the State Government, which is a high power constitutional authority and carries a presumption of acting bonafidely and in public interest, no exception should be tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition should be granted. In Union of India v All India Services Pensioners Association, this Co. ,t has given reasons for dismissing the Special Leave Petition. When such reasons are given, the decision becomes one which attracts Article 141 of the Constitution which provides that the law declared by the Supreme Court shall be binding on all the Courts within the territory of India. It, therefore, follows that when no reason is given, but a Special Leave Petition is dismissed simpliciter, it cannot be said that there has been a declaration of law by this Court under Article 141 of the Constitution". 51. Recently, again the same view has been taken by the Supreme Court in the case of Income Tax Commissioner v Manjunatheswara Packing Products and Camphor Works, wherein it has been held that.- "It is true that the said Special Leave Petitions were dismissed summarily but that would not mean that this Court approved the view that was taken by the High Court". 52. For the aforesaid reasons, it is declared that (i) the legislative field pertaining to teacher education being already covered by the Central Legislation, the State Government has ceased to have any executi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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