Sudhansu Jyoti Mukhopadhaya, J. - (1.) Appellants-institutions, which are recognised by the National Council for Teacher Education (hereinafter referred to as the Council), impart teacher training course (B.Ed.). On their request the Council permitted additional intake of students for such course without seeking accreditation and Letter Grade B from National Assessment and Accreditation Council (NAAC). Subsequently, the Council framed "National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2007 (hereinafter referred to as Regulations, 2007) by notification dated 10th December, 2007 introducing Regulation 8(4) and 8(5) which the Appellants unsuccessfully challenged before the High Court.
(2.) As per Regulation 8(4) an institution is required to be accredited with the NAAC with a Letter Grade B, whereas as per Regulation 8(5) those institutions which had been granted additional intake in B.Ed. and B.P.Ed. teacher training courses after promulgation of the Regulations, 2005 i.e. 13th January, 2006 are required to get themselves accredited with the NAAC with a Letter Grade B before Ist April, 2010.
(3.) The validity of Regulation 8(4) and 8(5) was challenged by the Appellants on the following grounds: (i) Their right to establish and run their institutions enshrined under Article 19(1)(g) of the Constitution of India stands curtailed; (ii) they will suffer constitutional injury on account of the Council outsourcing its statutory functions in the absence of statutory authorisation for sub-delegation of the delegated power; (iii) by giving a retrospective effect to the Regulations and (iv) due to non-performance of statutory duties by the Council. ;