TaxTMI 
TaxTMI 
2001 (1) TMI 994
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....ational Council for Teacher Education 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 compri....
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....rovisions of the Act. Sections 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 ....
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....advise the recognised institutions; (k) xxx xxx xxx (l) xxx xxx &....
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....s 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 to the institution, where recognition has been granted; or (b) cancel the affiliation of the institution, where recognition has been refused. 15. Permission for a new course or training by recognised institution.- (1) Where any recognised institution intends to start any new course or training in teacher education, it may make an application to seek permission therefore to the Regio....
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....cil 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 The following categories of institutions are eligible for consideration of their applications under these regulations: (1) Institutions established by or under the authority of Central/State Government/UT Administration; (2) Institutions financed by Central/State Government/UT Administration; (3) A....
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....ten 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. (4) After removal of all the deficiencies and to the satisfaction of the Regional Committee concerned, the inspection of infrastructure, equipments, instructional facilities etc, of an institution shall be conducted by a team of experts called Visitin....
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....bsp; xxx (8) xxx xxx xxx (9) The institution concerned shall be informed, through a letter, of the decision for grant of recognition or permission subject to appointment of qualified faculty members before the commencement of the academic session. The letter issued under this clause shall not be notified in the Gazette. The faculty shall be appointed on the recommendations of the Selection Committee duly constituted as per the policy of the State Govt/Central Govt/University....
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.... xxx 8. Conditions for grant of recognition (1) An institution must fulfill all the prescribed conditions related to norms and standards as prescribed by the NCTE for conducting the course or training in teacher education. These norms, inter alia, cover conditions relating to financial resources, accommodation, library, laboratory, other physical infrastructure, qualified staff including teaching and non-teaching personnel, etc. (2) In the first instance, an institution shall be considered for grant of recognition for only one course for the basic unit as prescribed in the norms & standards for the particular teacher education programme. An institution can apply for one basic unit of an additional course from the subsequent academic session. However, application for not more than one additional course can be made in a year. (3) An institution shall be permitted to apply for enhancement of course wise intake in teacher education ....
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....p; 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....
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....courage opening of new institutions for teacher education or to increase the intake. 2. The States having shortage of trained teachers may encourage establishment of new institutions for teacher education and to increase intake capacity for various levels of teacher 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, specia....
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....nwar Sujan Shiksha Mahavidyalaya, Inderpura, Udaipurwati and Dhamana Shekha Sewa Trust (Respondent Nos. 1 and 2 in the appeal arising out of SLP(C) No. 17167 of 2009) and Varsha Education Society (Respondent No. 1 in the appeal arising out of SLP(C) No. 17168 of 2009) submitted their applications 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, ....
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....en/proposed in the affidavit against the 13 institutions in whose cases inspection was carried out after 31.8.2008 and recognition was granted in the 132^nd meeting dated 20-21/9/2008? (iii) Whether the Respondents who have not withdrawn recognition order in respect of the thirteen institutions and 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 Jud....
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....f the Constitution. The appeals filed against the order of the learned Single Judge were dismissed by the Division Bench of the High Court. 14. Shri Raju Ramachandran, learned senior counsel appearing for the Appellants fairly stated that this Court may not interfere with the direction given by the learned Single Judge 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 th....
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....ieved by the legislation in question. In re the Special Courts Bill, 1978 (1979) 1 SCC 380, Chandrachud, C.J., speaking for majority of the Court adverted to large number of judicial precedents involving interpretation of Article 14 and culled out several propositions including the following: (2) The State, in 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 under....
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....dated 4.9.1967 issued by the Government of India, Ministry of Finance prescribing concessional rate of duty in respect of units engaged in manufacture of match boxes, which were certified as such by the Khadi and Village Industries Commission or units set up in the cooperative sector was discriminatory and violative of Article 14 on the ground 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 o....
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....The concessional rate of duty can be availed of only by those who satisfy the conditions which have been laid down under the notification. The Respondent was not a manufacturer before September 4, 1967 as it had applied for licence only on September 5, 1967 and it could not have made a declaration before September 4, 1967 that its total clearance 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....
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....a) and Uttar Pradesh Mahavidyalaya Tadarth Shikshak Niyamitikaran Abhiyan Samiti, Varanasi v. State of U.P. (1987) 2 SCC 453, the Court observed: In the present case as pointed out earlier the past practice was to fix the last date for receipt of applications a month or one and a half months after the date of actual publication of the advertisement. 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 d....
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....ration. Within 60 days of the receipt of communication from the Regional Committee, the concerned State Government/Union Territory Administration has to send its recommendations/suggestions. (4) After removal of the deficiency, if any, and receipt of the recommendations/suggestions of the State Government/Union Territory Administration, the Regional Committee 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 nec....
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....stration and consideration of the recommendations/suggestions made by them are of considerable importance. The Court can take judicial notice of the fact that majority of the candidates who complete B. Ed. and similar courses aspire for appointment as teachers in the government and government aided educational institutions. Some of them do get appointment against the available 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 c....
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....e difficult but almost impossible for the Regional Committee to itself obtain complete particulars and details of financial resources, accommodation, library, qualified staff, laboratory and other conditions of the institution which has moved an application for grant of recognition. The institution may be located in the interior of the district in a faraway State. The Regional Committee 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 f....
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....ire an NOC from the State Government or the Union Territory are ultra vires or invalid. While dealing with the argument of the learned Counsel for the Appellant that the impugned Regulations have the effect of conferring the power of considering the application for grant of recognition under Section 14 upon the State Government, the Court referred to Regulation 6(ii) of the 2002 Regulations 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 recog....
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....ucational agencies. Section 20(3)(a)(i) says that before permission is granted, the authority concerned must be satisfied that there is need for providing educational facilities to the people in the locality. The State authorities alone can decide about the educational facilities and needs of the locality. If there are more colleges in a particular area, the State would not be justified in granting 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....