SUNSHINE INTERNATIONAL COLLEGE OF EDUCATION Vs. THE NATIONAL COUNCIL FOR TEACHERS EDUCATION
LAWS(P&H)-2014-8-38
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 06,2014

Sunshine International College Of Education Appellant
VERSUS
The National Council For Teachers Education Respondents

JUDGEMENT

K.KANNAN, J. - (1.) THE petitioners have sought for the recognition of the Teachers Training Institutes was responded to the public notice issued by the National Council for Teachers Education (NCTE) within the time prescribed. The Regulations stipulate a manner of consideration of applications and provides for a State role for its recommendation. The Regulations also contemplate the situations when the State does not give the objection and when the Regional Committees established by NCTE will undertake the task of inspection and taking a decision with reference to starting of a Teachers Training College.
(2.) BEFORE the arguments got fully underway, the counsel appearing on behalf of the NCTE has drawn my attention to the orders passed by the Supreme Court in the case titled Rashtrasant T.M.S. & S.B.V.M.C.A. VID and others Versus Gangadar Nilkant Shende and others on 10.9.2013, where the Supreme Court has adverted to the Commission appointed by the court with former Chief Justice of India Justice J.S. Verma to make his recommendations and that order brings out the fact that the recommendations have been received and the Supreme Court has granted time to notify the new Regulations by 30.11.2013. This date has been extended by the subsequent order passed on 3.7.2014 upto 30.11.2014. The Supreme Court has stated in its order dated 10.9.2013 that the persons desirous of establishing Teachers Education Colleges/Institutes shall make a fresh application in accordance with the new Regulation and all the pending applications shall also be decided in accordance with the new Regulations. It would, therefore, be only appropriate that the applications filed by the petitioners in all these writ petition, which ought to be taken as pending, shall be considered in the light of the Regulations that is framed. Learned counsel for the petitioners states that even in the last two years, after initial public notice issued by the NCTE, approval has been granted by the NCTE itself to some new colleges. In my view, the grant already issued cannot be a ground for consideration of the petitioners' cases in the light of the direction of the Supreme Court in the case, referred to above. I will not, therefore, give any direction for recognition to be issued till Regulations are framed and the petitioners' cases shall be considered only under such new Regulation. No further directions are necessary.
(3.) THE writ petitions are disposed of with the above observations. It is hereby clarified that the applications which are said to have been filed by the petitioners and rejected in view of the State objection subsequently that no new private training institutes shall be opened, shall no longer be used against the petitioners and their claims will be considered on their own merits when new Regulations are made in 2014.;


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