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CASE NO.:

Appeal (civil) 1068 of 2003

PETITIONER:

St. Johns Teachers Training Institute

RESPONDENT:

Regional Director, National Council for Teacher Education & Anr.

DATE OF JUDGMENT: 07/02/2003

BENCH:

S Rajendra Babu, D.M. Dharmadhikari & G.P. Mathur.

JUDGMENT:

JUDGMENT

(Arising out of SLP No.2421 of 2001)

With Civil Appeal Nos. 1069-1097 of 2003 (Arising out of S.L.P (C)

Nos.10351/2002, 10434/2002, 10760/2001, 10804-10805/2001, 10870/2001,

1386/2002, 1387/2002, 17761/2001, 17762/2001, 20419-20421/2002,

20818-20819/2002, 20879/2002, 20904-20905/2002, 20906-20907/2002,

20922/2001, 20924/2001, 20925/2001, 20927/2001, 21207/2002,

21208/2002, 2702/2001, 3972/2002, 3974/2002) WP (C) Nos.522/2002,

553/2002, 554/2002, 555/2002, 556/2002, 557/2002, 558/2002, 559/2002,

562/2002, 566/2002, 591/2002, 592/2002, 593/2002, 594/2002, 595/2002,

596/2002, 598/2002, 599/2002, 602/2002, 613/2002, 614/2002, 615/2002

and Civil Appeal Nos.1098-1109/2003 (Arising out of SLP(C)

Nos.6996/2002, 7010/2002, 7046/2002, 7178/2001, 7783/2002, 8962/2002,

9812/2001, 24829-24830/2002, 28/2003, 15/2003 and 501/2003)

G.P. MATHUR,J.

Leave granted.

The question which requires consideration in this bunch of special

leave petitions and writ petitions is whether Regulations 5 (e) and (f) framed

by National Council for Teachers Education (hereinafter referred to as 'the

Council') are ultra vires the provisions of National Council for Teacher

Education Act, 1993 (hereinafter referred to as 'the Act').

We will briefly refer to the facts of SLP No. 2421 of 2001 which

is the leading case. The appellant claims to be a Christian Minority Teacher

Training Institute and is run and managed by the Tamilnadu Educational

Trust which is engaged in the field of education since 1989. The petitioner

made an application to the Regional Director, National Council for Teacher

Education (Southern Committee) Bangalore, seeking permission for starting

a course in Elementary Education Training in the year 1999-2000. The

respondents sent a letter dated August 18, 1999 stating that unless the State

Government issued a "No Objection Certificate" (hereinafter referred as

'NOC') the application of the petitioner shall be treated as incomplete and

shall not be considered. The petitioner then filed a writ petition before the

High Court of Karnataka praying that a writ of certiorari be issued for

quashing the order dated August 18, 1999 issued by Regional Committee

and further that Regulations 5(e) and (f) in so far as they direct obtaining of

a NOC from the State Government be struck down as unconstitutional and a

direction be issued to the Regional Director to consider the application of the

appellant without insisting upon a NOC from the State Government. A

Single Judge of the Karnataka High Court had held that Regulations 5 (e)

and (f) were ultra vires in another matter and against the said judgment the

Council had preferred an appeal before the Division Bench of the High

Court. The writ petition preferred by the appellant was heard along with the

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aforesaid appeal. After hearing the parties the Division Bench allowed the

appeal filed by the Council and set aside the order of the learned Single

Judge by which the Regulations were held to be ultra vires and invalid.

Consequently, the writ petition filed by the appellant was also dismissed.

The connected writ petitions have been filed under Article 32 of the

Constitution praying that the Regulations 5(e) and (f) be declared as

unconstitutional and invalid and a direction be issued to the respondents to

consider the application moved by the petitioners for grant of recognition for

starting a teacher training course without insisting upon a NOC from the

State Government as provided in the aforesaid Regulations.

Shri K. Subramanian, learned Senior Counsel appearing for the

appellants, has submitted that Section 14 of the Act lays down that every

institution intending to offer a course or training in teacher education shall

make an application to the Regional Committee concerned and the Regional

Committee may pass an order granting recognition to such institution if it is

satisfied that the institution has adequate financial resources,

accommodation, library, qualified staff, laboratory and that it fulfils such

other conditions required for proper functioning of the institution and this

shows that the entire exercise has to be done by the Regional Committee

itself. However, Regulations 5 (e) and (f) which require obtaining of a NOC

from the State Government also confer jurisdiction on the State

Government in the matter of grant of recognition, which is wholly outside

the purview of the Act. It is urged that the Act does not contemplate any

role for the State Government but by insisting for obtaining a NOC from the

State Government or Union Territory in which the institution is located, the

Regulations have created another body to consider the application moved by

an institution for grant of recognition which is not at all contemplated by the

Act. Learned Counsel has submitted that in view of the express language

used in Sub-section (3) of Section 14 of the Act, the satisfaction is to be

that of the Regional Committee alone and no other authority or body, much

less the State Government, can have any say in the matter which may have a

bearing on the satisfaction of the Regional Committee. It is contended that

under the guise of framing the Regulations, the power of recognition itself

has been given to the State Government as in the event a NOC is not

granted by the State Government, the application made to the Regional

Committee is treated as incomplete and is not even considered on merits.

Lastly it has been urged that no guidelines have been given in the impugned

Regulations to indicate the circumstances under which a NOC could be

granted and therefore the impugned Regulations are wholly ultra vires and

invalid. In support of his submission learned counsel has placed strong

reliance on a decision of this Court in Kunj Behari Lal Butail & Ors. v. State

of H.P. & Ors., 2000 (3) SCC 40.

Shri MN Krishnamani, learned Senior Counsel appearing for the

Council has submitted that having regard to the objects for which the Act

has been enacted and the responsibility cast upon the Regional Committee

under Sub-section (3) of Section 14 of the Act to be satisfied about the

matters enumerated therein, namely, that the institution has adequate

financial resources, accommodation, library, qualified staff, laboratory and

that it fulfills other conditions required for proper functioning of the

institution for a course or training in teacher education, it is not only

desirable but also essential for an institution to obtain a NOC from the

concerned State Government or Union Territory where it is situate. Learned

counsel has submitted that there are only four Regional Committees in the

whole country and it is physically not possible for them to obtain the

relevant data which has to be appraised and considered before grant of

recognition and this exercise can only be performed by the concerned State

Government which is in a far better position to do so. The main purpose of

obtaining a NOC from the State Government, it is contended, is to get the

material and data on which the Regional Committee has to be satisfied

before taking a decision on the question of grant of recognition under Sub-

section (3) of Section 14 of the Act and this is more in the nature of an input.

Learned counsel has also submitted that no arbitrary power has been

conferred on the State Government as the Council has issued guidelines for

establishment of Teachers Training Institutes and introduction of new

programmes and the State Governments are required to consider the matter

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in the light of the aforesaid guidelines while giving a NOC. It has thus been

urged that as the function to be performed by the State Government is more

in the nature of collection of relevant facts and material, there is no

abdication of responsibility by the Regional Committee which alone shall

pass an order either granting or refusing recognition to an institution and

therefore the impugned Regulations are perfectly valid and intra vires.

In the counter-affidavit filed on behalf of the Council it is averred that

for long the need for ensuring certain standards and excellence of education

in teachers' training institutes, and establishing institutes with the high

objectives of training teachers and educationists who have upon them the

task of moulding the future of the nation was being felt. The life-less

stereotyped and dull teaching methods had to be replaced with a system that

infuses dynamism and vibrance in the methods of imparting education. To

achieve this it is necessary that only such institutes which are equipped with

all the necessary inputs to train and produce teachers who are capable of

instilling aesthetic excellence in the life of their pupil be established and

permitted to run the teachers' training course. It was towards this end that

the National Council for Teacher Education came to be established under the

Act in the year 1993. In para 6 it is averred that the requirement of a NOC

from the State Government was one of the issues that was deliberated upon

by the members of the Council, including the experts from the field of

education and academics. The State Governments have been assigned an

important role in the task of development and improvement of teacher

education and also in the matter for grant of recognition and permission. The

States are also vitally interested in education and especially the professional

courses. It is further averred that it is only the States which could correctly

assess and know the extent of requirement of trained manpower and the

supply of trained teachers keeping in view retirements, change of

occupation etc. The State Government would also keep a track of number of

trained teachers registered with the Employment Exchanges awaiting

employment and the possibility of their deployment in the near future. It is

for this reason that the Council insists on a NOC from the State Government,

both when a fresh institution wants to start teacher training courses or when

the recognised ones want to increase the intake of the students in the course.

The States having trained teachers more than they are able to absorb may not

want to be further burdened while those having shortage of trained teachers

may encourage establishment of more institutions. Therefore, the input from

the State Government by way of a NOC is vital for enabling the Council to

discharge its functions of regulating the standards of teacher education since

State Governments are the principal stakeholders in the field of teacher

education. Without the involvement of the State Governments and

availability of this vital input from the State Governments the Council would

be greatly handicapped in discharging its functions. In para 9 it is averred

that surplus of trained teachers without there being any possibility of

absorbing them as teachers would lead to unnecessary drain on the state

economy. In such a situation it would be wholly unjust to increase the

burden on the State Government by training and throwing in market more

trained teachers without there being any adequate avenues for their

employment. The training of teachers cost both the State Governments and

the trainees huge amount of money by way of fees and grants without there

being any adequate scope for utilising their skills to compensate the costs

involved in their training. The State Government is vitally interested in the

development of its education system and therefore it must be given a

decisive role and a voice in the overall development of teacher education

system in the country. It is only to prevent the undesirable situation

wherein the Government is faced with the problem of having surplus trained

teachers with no or little chance of their getting employment in the near

future that the requirement of a NOC from the State Government has been

incorporated. It is further averred that it is an enabling provision under the

Act and does not pose any impediment or any disability in the effective

discharge of the statutory responsibilities by the Council as the State

Government has only been given the responsibility of determining the extent

to which trained manpower is required in a particular State.

Before examining the contentions raised by the learned counsel for the

parties, it will be convenient to briefly notice the relevant provisions of the

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Act. Section 2(c) defines the "Council" and it means the National Council

for Teacher Education established under sub-section (1) of Section 3.

Section 2(e) defines "institution", which means an institution which offers

courses or training in teacher education. Section 2(j) defines "Regional

Committee" which means a Committee established under Section 20.

Section 2(k) defines "regulations" which means regulations made under

Section 32. Section 2(l) defines "teacher education" which means

programmes of education, research or training of persons for equipping them

to teach at pre-primary, primary, secondary and senior secondary stages in

schools and includes non-formal education, part-time education, adult

education and correspondence education. Section 3 provides for

establishment by the Central Government, of a Council, called the National

Council for Teachers Education and Section 12 provides for the functions of

the Council. Section 14 lays down that every institution offering or

intending to offer a course or training in teacher education on or after the

appointed day, may, for grant of recognition under the Act, make an

application to the Regional Committee concerned in such form and in such

manner as may be determined by Regulations. Section 15 contains a similar

provision where under any recognised institution intending to start any new

course or training in teacher education, has to make an application seeking

permission therefor to the Regional Committee concerned. Section 16 lays

down that notwithstanding anything contained in any other law for the time

being in force no examining body shall, on or after the appointed day, grant

affiliation, whether provisional or otherwise, to any institution or hold

examination, whether provisional or otherwise for a course or training

conducted by a recognised institution unless the institution concerned has

obtained recognition from the Regional Committee concerned under Section

14 or permission for a course or training under Section 15. Section 17 gives

power to Regional Committee to withdraw the recognition of such

recognised institutions if it is satisfied that some provisions of the Act or the

rules or regulations or any condition subject to which recognition was

granted has been contravened. Section 20 lays down that there will be four

Regional Committees, namely, Eastern, Western, Northern and Southern

Regional Committees. Section 31 confers power on the Central Government

to make rules to carry out the provisions of the Act and sub-section (2)

thereof enumerates the matters on which rules may be framed. Section 32 is

important for the controversy in hand and the relevant part thereof is being

reproduced below:-

"Section 32 (1) The Council may, by notification in the

Official Gazette, make regulations not inconsistent with the

provisions of this Act and the rules made thereunder, generally

to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of

the foregoing power, such regulations may provide for all or

any of the following matters, namely:-

(a) ..

(b) ..

(c) .

(d) .

(e) the form and the manner in which an application for

recognition is to be submitted under sub-section (1) of

section 14;

(f) conditions required for the proper functioning of the

institution and conditions for granting recognition under

clause (a) of sub-section (3) of section 14;

(g) the form and the manner in which an application for

permission is to be made under sub-section (1) of section

15;

"

In exercise of powers conferred by Section 32 of the Act the Council

has framed Regulations known as National Council for Teacher Education

(application for recognition, the manner for submission, determination of

conditions for recognition of institutions and permission to start new course

or training) Regulations, 1995 on December 29, 1995. Regulation 5 deals

with the manner of making application and Regulation 8 deals with

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condition for recognition. Regulations 5 (e) and (f) and 8 read as under:

"(e) Every institution intending to offer a course or training in

teacher education but was not functioning immediately

before 17th August, 1995, shall submit application for

recognition with a no objection certificate from the State

or Union Territory in which the institution is located.

(f) Application for permission to start new course or training

and/or to increase intake by recognised institutions under

Regulation 4 above shall be submitted to the Regional

Committee concerned with no objection certificate from

the State or Union Territory in which the institution is

located.

8. Condition for recognition

(a) Regional Committee shall satisfy itself on the basis of

scrutiny and verification of facts as contained in the

application for recognition and or recognition of the

institution where considered necessary of any other

manner deemed fit, that the institutions has adequate

financial resources, accommodation, library, qualified

staff, laboratory and such other conditions required for

the proper functioning of the institutions for the course of

training in teacher education which are being offered or

intending to offer.

(b) Regional Committee shall ensure that every institution

applying for recognition fulfil the conditions given in

Appendix-III."

The provision in the above quoted Regulations for submitting the

application for recognition with a NOC from the State Government or Union

Territory in which the institution is located is challenged as ultra vires and

invalid.

A Regulation is a rule or order prescribed by a superior for the

management of some business and implies a rule for general course of

action. Rules and Regulations are all comprised in delegated legislations.

The power to make subordinate legislation is derived from the enabling Act

and it is fundamental that the delegate on whom such a power is conferred

has to act within the limits of authority conferred by the Act. Rules cannot

be made to supplant the provisions of the enabling Act but to supplement it.

What is permitted is the delegation of ancillary or subordinate legislative

functions, or, what is fictionally called, a power to fill up details. The

legislature may, after laying down the legislative policy confer discretion on

an administrative agency as to the execution of the policy and leave it to the

agency to work out the details within the frame work of policy. The need for

delegated legislation is that they are framed with care and minuteness when

the statutory authority making the Rule, after coming in to force of the Act,

is in a better position to adapt the Act to special circumstances. Delegated

legislation permits utilisation of experience and consultation with interests

affected by the practical operation of statutes. Rules and Regulations made

by reason of the specific power conferred by the Statutes to make Rules and

Regulations establish the pattern of conduct to be followed. Regulations are

in aid of enforcement of the provisions of the Statute. The process of

legislation by departmental Regulations saves time and is intended to deal

with local variations and the power to legislate by statutory instrument in the

form of Rules and Regulations is conferred by Parliament. The main

justification for delegated legislation is that the legislature being over

burdened and the needs of the modern day society being complex it can not

possibly foresee every administrative difficulty that may arise after the

Statute has begun to operate. Delegated legislation fills those needs. The

Regulations made under power conferred by the Statute are supporting

legislation and have the force and affect, if validly made, as the Act passed

by the competent legislature. (See Sukhdev Singh v. Bhagatram AIR 1975

SC 1331.

It will be useful to reproduce here a passage from Administrative Law

by Wade & Forsyth (Eighth Edition 2000 at page 839) :

"Administrative legislation is traditionally looked upon

as a necessary evil, an unfortunate but inevitable infringement

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of the separation of powers. But in reality it is no more difficult

to justify it in theory than it is possible to do without it in

practice. There is only a hazy borderline between legislation

and administration, and the assumption that they are two

fundamentally different forms of power is misleading. There

are some obvious general differences. But the idea that a clean

division can be made (as it can be more readily in the case of

the judicial power) is a legacy from an older era of political

theory. It is easy to see that legislative power is the power to

lay down the law for people in general, whereas administrative

power is the power to lay down the law for them, or apply the

law to them, in some particular situation. ."

The question whether any particular legislation suffers from excessive

delegation has to be decided having regard to the subject matter, the scheme,

the provisions of the Statutes including its preamble and the facts and

circumstances in the background of which the Statute is enacted. (See

Registrar Co-operative Societies v. K. Kanjabmu, AIR 1980 SC 350 and

State of Nagaland v. Ratan Singh AIR 1967 SC 212). It is also well settled

that in considering the vires of subordinate legislation one should start with

the presumption that it is intra vires and if it is open to two constructions,

one of which would make it valid and other invalid, the courts must adopt

that construction which makes it valid and the legislation can also be read

down to avoid its being declared ultra vires.

The preamble of the Act is as under:-

"To provide for the establishment of National Council for

Teacher Education with a view to achieving planned and

coordinated development of the teacher education system

throughout the country, the regulation and proper maintenance

of norms and standards in the teacher education system and for

matters connected therewith."

As the preamble shows the main object for enacting the Act is to

achieve planned and coordinated development of the teacher education

system and also the regulation and proper maintenance of norms and

standards therein.

Sub-section (3) of Section 14 casts a duty upon the Regional

Committee to be satisfied with regard to large number of matters before

passing an order granting recognition to an institution which has moved an

application for the said purpose. The factors mentioned in sub-section (3)

are that the institution has adequate financial resources, accommodation,

library, qualified staff, laboratory and that it fulfils such other conditions

required for proper functioning of the institution for a course or training in

teacher education as may be laid down in the Regulations. As mentioned

earlier there are only four Regional Committees in the whole country and,

therefore, each Regional Committee has to deal with applications for grant

of recognition from several States. It is therefore obvious that it will not

only be difficult but almost impossible for the Regional Committee to itself

obtain complete particulars and details of financial resources,

accommodation, library, qualified staff, laboratory and other conditions of

the institution which has moved an application for grant of recognition. The

institution may be located in the interior of the district in a far away State.

The Regional Committee cannot perform such herculean task and it has to

necessarily depend upon some other agency or body for obtaining necessary

information. It is for this reason that the assistance of the State Government

or Union Territory in which that institution is located is taken by the

Regional Committee and this is achieved by making a provision in

Regulations 5(e) and (f) that the application made by institution for grant of

recognition has to be accompanied with a NOC from the concerned State or

Union Territory. The impugned Regulations in fact facilitate the job of the

Regional Committees in discharging their responsibilities.

The contention that there are no guidelines for the State Governments

regarding grant of a NOC and consequently the State Governments may

refuse to grant a NOC on wholly irrelevant considerations is without

substance. It is averred in para 7 of the counter-affidavit filed by the

Council that it has issued certain guidelines to the State Governments on

February 2, 1996 for issuance of a NOC and a copy whereof has also been

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annexed. The relevant part of the guidelines is being reproduced below:-

"1. The establishment of Teacher Training Institutions by

Government, private managements or any other agencies

should largely be determined by assessed need for trained

teachers. This need should take into consideration the supply

of trained teachers from existing institutions, the requirement of

such teachers in relation to enrolment projections at various

stages, the attirition rates among trained teachers due to

superannuation, change of occupation, death etc. and the

number of trained teachers on the live register of the

employment exchanges seeking employment and the possibility

of their deployment. The States having more than the required

number of trained teachers may not encourage opening of new

institutions for teacher education or to increase the intake.

2. States having shortage of trained teachers may encourage

establishment of new institutions for teacher education and to

increase intake capacity for various levels of teacher education

institutions keeping in view the requirements of teachers

estimated for the next 10-15 years.

3. Preference might be given to institutions which tend to

emphasize the preparation of teachers for subjects (such as

Science, Mathematics, English etc.) for which trained teachers

have been in short supply in relation to requirement of schools.

4. Apart from the usual courses for teacher preparation,

institutions which propose to concern themselves with new

emerging specialities (e.g. computer education, use of

electronic media, guidance and counselling etc.) should receive

priority. Provisions for these should however, be made only

after ensuring that requisite manpower, equipment and

infrastructure are available. These considerations will also be

kept in view by the institution intending to provide for optional

subjects to be chosen by students such as guidance and

counselling special education etc.

5. With a view to ensuring supply of qualified and trained

teachers for such specialities education of the disabled

nonformal education, education of adults, preschool education,

vocational education etc. special efforts and incentives may be

provided to motivate private managements/voluntary

organisations for establishment of institutions, which lay

emphasis on these areas.

6. With a view to promoting professional commitment

among prospective teachers, institutions which can ensure

adequate residential facilities for the Principal and staff of the

institutions as well as hostal facilities for substantial proportion

of its enrolment should be encouraged.

7. Considering that certain areas (tribal, hilly regions etc.)

have found it difficult to attain qualified and trained teachers, it

would be desirable to encourage establishment of trained

institutions in those areas.

8. Institutions should be allowed to come into existence

only if the sponsors are able to ensure that they have adequate

material and manpower resources in terms, for instance, of

qualified teachers and other staff, adequate buildings and other

infrastructure (laboratory, library, etc.) a reserve fund and

operating funds to meet the day to day requirement of the

institution, including payment of salaries, provision of

equipment etc. Laboratories, teaching science methodologies

and practicals should have adequate gas plants, proper fittings

and regular supply of water, electricity, etc. They should also

have adequate arrangements. Capabilities of the institution for

filling norms prepared by NCTE may be kept in view.

9. In the establishment of an institution preference need to

be given to locations which have large catchment area in terms

of schools of different levels where student teachers can be

exposed to demonstration lessons and undertake practice

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teaching. A training institution which has a demonstration

school where innovative and experimental approaches can be

demonstrated could be given preference."

A perusal of the guidelines would show that while considering an

application for grant of a NOC the State Government or the Union Territory

has to confine itself to the matters enumerated therein like assessed need for

trained teachers, preference to such institutions which lay emphasis on

preparation of teachers for subjects like Science, Mathematics, English etc.

for which trained teachers are in short supply and institutions which propose

to concern themselves with new and emerging specialities like computer

education, use of electronic media, etc. and also for speciality education for

the disabled and vocational education etc. It also lays emphasis on

establishment of institutions in tribal and hilly regions which find it difficult

to get qualified and trained teachers and locations which have catchment

area in terms of schools of different levels where student teachers can be

exposed to demonstration lessons and can undertake practice teaching. Para

8 of the guidelines deals with financial resources, accommodation, library

and other infrastructure of the institution which is desirous of starting a

course of training and teacher education. The guidelines clearly pertain to

the matters enumerated in sub-section (3) of Section 14 of the Act which

have to be taken into consideration by the Regional Committee while

considering the application for granting recognition to an institution which

wants to start a course for training in teacher education. The guidelines have

also direct nexus to the object of the Act namely, planned and coordinated

development of teacher education system and proper maintenance of norms

and standards. It cannot, therefore, be urged that the power conferred on the

State Government or Union Territory, while considering an application for

grant of a NOC, is an arbitrary or unchanelled power. The State

Government or the Union Territory has to necessarily confine itself to the

guidelines issued by the Council while considering the application for grant

of a NOC. In case the State Government does not take into consideration

the relevant factors enumerated in Sub-section (3) of Section 14 of the Act

and the guidelines issued by the Council or takes into consideration factors

which are not relevant and rejects the application for grant of a NOC, it will

be open to the institution concerned to challenge the same in accordance

with law. But, that by itself, cannot be a ground to hold that the Regulations

which require a NOC from the State Government or the Union Territory are

ultra vires or invalid.

Learned counsel for the appellants has also submitted that the

impugned Regulations have the effect of conferring the power of

consideration of the application for the grant of recognition under Section 14

of the Act upon the State Government, as in the event of rejection of a NOC

the application is not even registered by the Council. This contention no

longer survives on account of a subsequent development. Shri MN

Krishnamani, learned senior counsel appearing for the respondents, has

submitted that the Council has made fresh Regulations on November 13,

2002 which are known as the NCTE (Form of application for recognition,

the time of submission of application, determination of norms and standards

for recognition of teacher education programmes and permission to start new

course or training) Regulations, 2002. Regulation 6 thereof reads as under:

"Regulation 6

Requirement of No Objection Certificate from the State

Government/U.T. Administration

(i.) Application from every institution seeking recognition to

start a course or training in teacher education or from an

existing institution seeking permission to start a new

course or training and/or increase in intake shall be

accompanied by a No Objection Certificate (NOC) from

the State or Union Territory in which the institution is

located.

(ii) The endorsement of the State Government/UT

Administration in regard to issue of No Objection

Certificate (NOC) will be considered by the Regional

Committee while taking a decision on the application for

recognition.

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(iii) If the NOC issued by the State Government/UT

Administration does not indicate the intake, it will be for

the Regional Committee to determine the intake taking

into account the infrastructural and instructional facilities

available in the institution and other relevant provisions

in the Norms and Standards applicable to the relevant

teacher training programme.

(iv) The NOC issued by the State Government/UT

Administration will remain valid till such time the State

Government/UT Administration withdraws/cancels it.

(v) The NOC will be deemed to have lapsed if the institution

fails to get recognition within three years from the date of

its issue.

(vi) Requirement of NOC shall not apply to Government

Institutions.

(vii) Requirement for NOC shall not apply to University

Department for taking up innovative teacher education

programme for a maximum intake of 50 (fifty only).

The question as to whether a programme is innovative

will be decided by the concerned Regional Committee."

Regulation 6(ii) of these Regulations provides that the endorsement of

the State Government/Union Territory Administration in regard to issue of

NOC will be considered by the Regional Committee while taking a decision

on the application for recognition. This provision shows that even if the

NOC is not granted by the concerned State Government or Union Territory

and the same is refused, the entire matter will be examined by the Regional

Committee while taking a decision on the application for recognition.

Therefore, the grant or refusal of a NOC by the State Government or Union

Territory is not conclusive or binding and the views expressed by the State

Government will be considered by the Regional Committee while taking the

decision on the application for grant of recognition. In view of these new

Regulations the challenge raised to the validity of Regulations 5(e) and (f)

has been further whittled down. The role of the State Government is

certainly important for supplying the requisite data which is essential for

formation of opinion by the Regional Committee while taking a decision

under Sub-section (3) of Section 14 of the Act. Therefore no exception can

be taken to such a course of action.

In Kunj Behari Lal Butail & Ors. v. State of H.P. & Ors. (supra) cited

by learned counsel for the appellant, it has been held that a delegated

legislation must conform to the provisions of the Statute under which it is

framed and that it must also come within the scope and purview of the rule

making power of the authority framing the rule and in the event either of

these two conditions are not fulfilled, the rule so framed would be void. As

discussed earlier, the impugned Regulations do not contravene any one of

the conditions inasmuch as Section 32 of the Act clearly empowers the

Council to make Regulations generally to carry out the provisions of the Act

and thus they come within the scope and purview of the power of the

authority framing the Regulations. The Regulations also conform to the

provisions of the Act and are not in excess of the authority of the Council as

no essential legislative function has been delegated to the State Government.

Learned counsel for the appellant has strongly urged that in some

cases the State Government has sat over the matter for very long period

without taking any decision either to grant a NOC or declining to grant the

same and on account of this inaction of the State Government the application

moved by the institutions before the Regional Committee was not even

registered for consideration and thereby the right of the appellants to

establish an institution for teachers' training or starting a course in teacher

education was completely defeated. There can be no manner of doubt that

the State Government must take a decision on the application moved by an

institution for grant of a NOC within a reasonable time. If the State

Government does not take a decision within a reasonable time it will

obviously defeat the right of an institution to have its application considered

by the Regional Committee. It will therefore be proper that the Council

frames appropriate Regulations fixing the time limit within which a decision

should be taken by the State Government on the application moved by an

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institution for grant of a NOC. In the present cases, we are of the opinion

that till such Regulations are made the decision should be taken by the State

Governments within four months, failing which it shall be deemed that the

NOC has been granted.

For the reasons mentioned above, we are of the opinion that the

impugned Regulations are perfectly valid and intra vires the Act. The

appeals and writ petitions are consequently dismissed. It is however

directed that the State Governments/Union Territories shall pass final order

on the applications which are pending before it for grant of a NOC within

four months of the presentation of certified copy of this order, failing which

it will be deemed that a NOC has been granted.