2003 (2) TMI 479 - SC - Indian Laws

Regulations requiring State/UT No Objection Certificate for teacher training recognition upheld; NOCs to be decided within four months

SC upheld validity of the Regulations requiring a State/UT No Objection Certificate (NOC) for recognition of teacher training institutions, holding the ... Validity of Regulations 5(e) and (f) framed by National Council for Teachers Education ('the Council') - ultra vires the provisions of National Council for Teacher Education Act, 1993 ('the Act') - Requirement of No Objection Certificate (NOC) from the State Government for recognition of teacher training institutions - scope and purview of the power of the authority framing the Regulations - HELD THAT:- A perusal of the guidelines for the State Governments regarding grant of a NOC would show that while considering an application for grant of a 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 themselves with new and emerging specialities like computer education, use of electronic media, etc. and also for speciality education for the disabled and vocational education etc. It also lays emphasis on establishment of institutions in tribal and hilly regions which find it difficult to get qualified and trained teachers and locations which have catchment area in terms of schools of different levels where student teachers can be exposed to demonstration lessons and can undertake practice teaching. 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 the relevant factors enumerated in Sub-section (3) of Section 14 of the Act and the guidelines issued by the Council or takes into consideration factors which are not relevant and rejects the application for grant of a NOC, it will be open to the institution concerned to challenge the same in accordance with law. But, that by itself, cannot be a ground to hold that the Regulations which require a NOC from the State Government or the Union Territory are ultra vires or invalid. There can be no manner of doubt that the State Government must take a decision on the application moved by an institution for grant of a NOC within a reasonable time. If the State Government does not take a decision within a reasonable time it will obviously defeat the right of an institution to have its application considered by the Regional Committee. It will therefore be proper that the Council frames appropriate Regulations fixing the time limit within which a decision should be taken by the State Government on the application moved by an institution for grant of a NOC. In the present cases, we are of the opinion that till such Regulations are made the decision should be taken by the State Governments within four months, failing which it shall be deemed that the NOC has been granted. Thus, we are of the opinion that the impugned Regulations are perfectly valid and intra vires the Act. The appeals and writ petitions are consequently dismissed. It is however directed that the State Governments/Union Territories shall pass final order on the applications which are pending before it for grant of a NOC within four months of the presentation of certified copy of this order, failing which it will be deemed that a NOC has been granted. Issues Involved:1. Validity of Regulations 5(e) and (f) framed by the National Council for Teachers Education.2. Requirement of No Objection Certificate (NOC) from the State Government for recognition of teacher training institutions.Summary:Validity of Regulations 5(e) and (f):The primary issue in this case was whether Regulations 5(e) and (f) of the National Council for Teachers Education (NCTE) are ultra vires the provisions of the National Council for Teacher Education Act, 1993. The appellant, a Christian Minority Teacher Training Institute, challenged the requirement of obtaining a NOC from the State Government for starting a course in Elementary Education Training. The High Court of Karnataka had previously held these regulations as ultra vires, but the Division Bench reversed this decision, declaring the regulations valid. The Supreme Court upheld this view, stating that the regulations facilitate the job of the Regional Committees in discharging their responsibilities and are within the scope of the Act.Requirement of No Objection Certificate (NOC):The appellant argued that the Act does not contemplate any role for the State Government in the matter of granting recognition, and that the requirement of a NOC confers jurisdiction on the State Government, which is outside the purview of the Act. The Supreme Court, however, found that the involvement of the State Government is essential for obtaining necessary information about the institution's financial resources, accommodation, library, qualified staff, and other conditions required for proper functioning. The Court noted that the NOC is more in the nature of an input and does not confer arbitrary power on the State Government, as guidelines have been issued for the issuance of NOCs.The Court also addressed the concern that the State Government might delay the issuance of NOCs, thereby affecting the institution's application process. It directed that the State Governments must take a decision on the applications for NOCs within four months, failing which it will be deemed that a NOC has been granted.In conclusion, the Supreme Court held that the impugned regulations are valid and intra vires the Act, and dismissed the appeals and writ petitions. The Court also directed the State Governments/Union Territories to pass final orders on pending applications for NOCs within four months of the presentation of a certified copy of this order.