- (1.) Heard Mr. Prashant Chandra, Senior Counsel assisted by Mr. Shashank Bhasin learned Counsel for the petitioner as well as Mr. Sameer Kalia, Learned Additional Chief Standing Counsel, Mr. M.M. Asthana, learned counsel for the National Council for Teacher Education (in short 'N.C.T.E') and Mr. Ratnesh Chandra, learned counsel for the University.
(2.) The petitioner has felt offending with the minutes of meeting dated 6th December 2013 of State Level Committee which has considered the subject of affiliation of several colleges including the petitioner. A bare perusal of the minutes of meeting dated 6th December 2013 shows that pursuant to the decision taken in the meeting of State Level Committee on 17th October 2013, the petitioner was asked to submit reply with regard to the short comings of infrastructure in the Schools. The petitioner submitted also after considering the petitioner's reply the State Level committee observed that the land for establishment of Central Public School was granted to the Institute for Literacy Development, whereas Institute of Literacy Development has sublet it to the Central Women's College by means of another lease deed which is in violation of Government Orders issued by the State Government. By means of Government Order dated 24.12.2011 as well as 29. 03.2012, the land is required to be recorded either in the name of the private Institute or in the name of Society or Trust which run the institute. Since the Institute of Literacy Development (lease holder) has sub-let it to another body i.e. Central Women College, it has been observed that the same is in violation of the aforesaid Government Orders. Moreover the map proposed by the Institute has also not been approved, there are some other shortcomings including that No Objection Certificate has not been issued by the Competent Authority and further there is No Objection Certificate provided by the authority. Therefore, the Committee took a decision to intimate the decision taken by it to the petitioner to remove the shortcomings and also to issue direction to the inspecting panel to submit its clear recommendation. The petitioner has assailed the aforesaid decision of the State Level Committee claiming the same being without jurisdiction, in the light of the various provisions of the National Council for Teachers Eduction Act, 1993 (for short 'the Act').
(3.) Mr. Prashant Chandra, learned Senior Counsel appearing for the petitioner submits that The National Council for Teacher Education Act (in short NCTE Act) is a Central Act, therefore, it will have supremacy over the State Act and its executive directions. He submits that subject for Basic Training Course is covered under entries 66 of List 1 of 7th Schedule of the Constitution of India, whereas the State Government receives strength from entry 25 of list 3 of the 7th Schedule to frame the Act / executive policies on the subject of eduction to include Technical Education and Medical Education and Universities which is subject to the provisions of entries 63, 64, 65 and 66 of list 1. It is stated that under section 3(1)of the NCTE Act the National Council for Teacher Education (in short Council) have been established. The functions of the Council has been envisaged under Chapter III of the Act which contains three section 12, 12A and 13, section 12 provides that it shall be the duty of the council to take such steps as it may think fit for ensuring planned and cordial development of Teacher Eduction and for the determination and maintenance of standards for Teacher Eduction and for the purpose of performing its function under this Act, the Council may:- a. ....... b........ c........ d....... e. lay down norms for any specified category of courses or training in teacher education including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of curriculum; f.......... g. lay down standards in respect of examinations leading to teacher eduction qualifications, criteria for admission to such examinations and schemes of courses or training; h....... I....... j............. k.............. l.............. m............. n............. Section 12-A. Provides provisions for Power of Council to determine minimum standards of eduction in Schools teachers. Section 13 provides provision for inspection for the purpose of ascertaining whether recognized institutions are functioning in accordance with the provisions of this Act.;