No objection certificate requirement upheld as a valid aid to recognition under the teacher education regulatory scheme.

Regulations 5(e) and (f) under the National Council for Teacher Education Act, 1993 required an institution seeking recognition to obtain a no objection certificate from the State Government or Union Territory. The Supreme Court treated this requirement as an aid to the Regional Committee's statutory assessment of financial resources, accommodation, staff, infrastructure, local demand and other conditions for proper functioning, rather than a transfer of the recognition power itself. Because the regulations supported the Act and channelled the State's role to relevant statutory considerations, the delegated legislation was upheld as valid and intra vires.

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Issues: Whether Regulations 5(e) and (f) framed under the National Council for Teacher Education Act, 1993, requiring an institution seeking recognition to obtain a no objection certificate from the State Government or Union Territory, were ultra vires the Act.

Analysis: Section 32 empowered the Council to make regulations to carry out the Act, and Section 14(3) required the Regional Committee to be satisfied about financial resources, accommodation, library, qualified staff, laboratory and other conditions necessary for proper functioning. The requirement of a no objection certificate was treated as a mechanism to assist the Regional Committee by supplying relevant data from the State or Union Territory, which was better placed to assess local need for trained teachers, infrastructure and demand for teacher education institutions. The Regulations were read as supporting, and not supplanting, the statutory role of the Regional Committee. The guidelines issued by the Council supplied the relevant criteria and confined the State Government's role to the statutory considerations, so the delegation was not arbitrary or unchannelled.

Conclusion: Regulations 5(e) and (f) were held to be valid and intra vires the Act.

Final Conclusion: The challenge to the regulatory requirement of a no objection certificate failed, and the statutory scheme was upheld as a valid exercise of delegated legislative power.

Ratio Decidendi: A regulation requiring prior no objection from the State or Union Territory is valid where it operates only as an aid to the statutory authority's decision-making and does not transfer the essential power of recognition away from the authority conferred by the Act.

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