2003 (2) TMI 479 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of Regulations 5(e) and (f) framed by the National Council for Teachers Education.
2. Requirement of No Objection Certificate (NOC) from the State Government for recognition of teacher training institutions.

Summary:

Validity of Regulations 5(e) and (f):
The primary issue in this case was whether Regulations 5(e) and (f) of the National Council for Teachers Education (NCTE) are ultra vires the provisions of the National Council for Teacher Education Act, 1993. The appellant, a Christian Minority Teacher Training Institute, challenged the requirement of obtaining a NOC from the State Government for starting a course in Elementary Education Training. The High Court of Karnataka had previously held these regulations as ultra vires, but the Division Bench reversed this decision, declaring the regulations valid. The Supreme Court upheld this view, stating that the regulations facilitate the job of the Regional Committees in discharging their responsibilities and are within the scope of the Act.

Requirement of No Objection Certificate (NOC):
The appellant argued that the Act does not contemplate any role for the State Government in the matter of granting recognition, and that the requirement of a NOC confers jurisdiction on the State Government, which is outside the purview of the Act. The Supreme Court, however, found that the involvement of the State Government is essential for obtaining necessary information about the institution's financial resources, accommodation, library, qualified staff, and other conditions required for proper functioning. The Court noted that the NOC is more in the nature of an input and does not confer arbitrary power on the State Government, as guidelines have been issued for the issuance of NOCs.

The Court also addressed the concern that the State Government might delay the issuance of NOCs, thereby affecting the institution's application process. It directed that the State Governments must take a decision on the applications for NOCs within four months, failing which it will be deemed that a NOC has been granted.

In conclusion, the Supreme Court held that the impugned regulations are valid and intra vires the Act, and dismissed the appeals and writ petitions. The Court also directed the State Governments/Union Territories to pass final orders on pending applications for NOCs within four months of the presentation of a certified copy of this order.