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.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.