NATIONAL COUNCIL FOR TEACHER EDUCATION Vs. SHYAM SHIKSHA PRASHIKSHAN SANSTHAN

JUDGEMENT

(1.) Leave granted.

(2.) Whether the cut off dates specified in Clauses (4) and (5) of Regulation 5 of the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2007 (for short, "the 2007 Regulations") as amended by Notification F. No. 48-3/(1)/2008/NCTE/N &S. dated 1.7.2008 for submission of application for recognition and disposal thereof are mandatory and whether the learned Single Judge of the Rajasthan High Court, Jaipur Bench was justified in issuing directions, which have the effect of obliterating the cut off dates are the questions which arise for consideration in these appeals filed by the National 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 comprises of a Chairperson, a Vice-Chairperson, a Member-Secretary, various functionaries of the Government, thirteen persons possessing experience and knowledge in the field of education or teaching, nine members representing the States and Union Territories Administration, three members of Parliament, three members to be appointed from amongst teachers of primary and secondary education and teachers of recognised institutions. Section 12 of the Act enumerates functions of the Council. Section 14 provides for recognition of institutions offering course or training in teacher education. Section 15 lays down the procedure for obtaining permission by an existing institution for starting a new course or training. Section 16 contains a non obstante clause and lays down that an examining body shall not grant affiliation to any institution or hold examination for a course or training conducted by a recognised institution unless it has obtained recognition from the concerned Regional Committee under Section 14 or permission for starting a new course or training under Section 15. The mechanism for dealing with the cases involving violation of the provisions of the Act or the rules, regulations orders made or issued there under or the conditions of recognition by a recognised institution finds place in Section 17. By an amendment made in July, 2006, Section 17A was added to the Act. It lays down that no institution shall admit any student to a course or training in teacher education unless it has obtained recognition under Section 14 or permission under Section 15. Section 31(1) empowers the Central Government to make rules for carrying out the provisions of the Act. Section 31(2) specifies the matters in respect of which the Central Government can make rules. Under Section 32(1) the Council can make regulations for implementation of the provisions of the Act subject to the rider that the regulations shall not be inconsistent with the provisions of the Act and the rules made thereunder. Section 32(2) specifies the matters on which the Council can frame regulations. In terms of Section 33, the rules framed under Section 31 and the regulations framed under Section 32 are required to be laid before the Parliament. By virtue of Section 34(1), the Central Government has been clothed with the power to issue an order to remove any difficulty arising in the implementation of the provisions 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: