Madras High Court
Sri K.Ramachandra Naidu College ... vs National Council For Teacher ... on 14 June, 2023
WP(MD)Nos.21088, 21406, 21484 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)Nos.21088, 21406, 21484 of 2016
and
WMP(MD)Nos.15080, 15292, 15351 of 2016
Sri K.Ramachandra Naidu College of Education,
Rep. by its Chairman
G.Prem Santha
... Petitioner in WP(MD)21088/2016
S.Veerasamy Chettiar College of Education,
Rep. by its Chairman
Dr.Murugiah
... Petitioner in WP(MD)21406/2016
Annai Meenakshi College of Education,
Rep. by its Correspondent
M.Sankarapandian
... Petitioner in WP(MD)21484/2016
v.
1.National Council for Teacher Education,
Rep. by its Member Secretary,
Hans Bhawan Wing II,
Bahadur Shah Zafar Marg,
New Delhi 110 002.
1/10
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WP(MD)Nos.21088, 21406, 21484 of 2016
2.The Regional Director,
Southern Regional Committee,
National Council for Teacher Education,
Jnana Bharathi Campus Road,
Opp. to National Law School,
Nagarbhavi, Bangalore 560 072.
... Respondents in all WPs
COMMON PRAYER:- Writ Petitions filed under Article 226 of the
Constitution of India seeking issuance of a Writ of Mandamus forbearing the
respondents from in any manner implementing the National Council for
Teacher Education (Recognition Norms and Procedure) Regulations 2014,
prior to the completion of the process of the Committee constituted by the
first respondent as per the Public Notice dated 03.10.2016.
For Petitioner : Mr.V.Panneer Selvam
For Respondents : Mr.Su.Srinivasan,
Standing Counsel
[In all WPs]
*****
COMMON ORDER
These writ petitions are filed for a mandamus forbearing the
respondents from in any manner implementing the NCTE Regulations, 2014,
prior to the completion of the process of the Committee constituted by the
first respondent as per the Public Notice dated 03.10.2016.
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WP(MD)Nos.21088, 21406, 21484 of 2016
2.In a batch of similar writ petitions in WP.Nos.19839 of 2017, etc.,
decided on 01.12.2022, this Court has held as follows:-
“2. Originally when the Writ Petitions have been filed in
various High Courts, transfer petitions have been filed in Transfer
Petition [s] [Civil] No [s]. 1728 – 1733 of 2017, before the
Honourable Supreme Court, wherein the Honourable Supreme
Court has held as follows :
“All the Transfer Petitions that have been filed before
this Court whether, before today or today, shall stand
transferred to the Delhi High Court.”
However, these matters are kept pending before this Court in which
few of them are subject matters of the transfer petitions waiting for
the outcome of the judgment of the Delhi High Court. All the
matters transferred are disposed of by the Delhi High Court by an
Order dated 19.09.2019 on the ground that since the National
Council for Teacher Education have withdrawn circulars, the
Transfer Petitions have been disposed of. These Writ Petitions have
been filed challenging not only with regard to the circular relating
to powers of quality control but also some of the regulations of the
year 2014. Therefore, these matters are kept pending before this
Court.
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WP(MD)Nos.21088, 21406, 21484 of 2016
3. When the matters are taken up today, the learned Senior
Counsel Mr.Xavier, appearing for the petitioners submitted that as
far as the challenge to the circular to Quality Council of India is
concerned, the circular has been withdrawn by the National
Council for Teacher Education in view of the Order of the Delhi
High Court, on 19.09.2019, the Writ Petitions become infructuous.
Further he submitted that the regulations were amended
subsequently in the year 2017, 2019 and 2021 and implemented.
Therefore, submitted that the Writ Petitions have become
infructuous.
4. Though the challenge has been made to the regulations of
the year 2014, the regulations itself based on the recommendations
made by Verma Commission. In this regard it is relevant to refer to
the judgment of the Delhi High Court in Laxmi College of
Education Vs. National Council for Teacher Education and another
in W.P. [C] 766/2019 and CM No.31863 of 2019, wherein it has
been held as follows :
“31. The report of the Verma Commission was filed,
before the Supreme Court, in SLP (C) 4247-4248/2009 supra
which, vide its order dated 10th October, 2012, noted that it
had carefully gone through the recommendations of the Verma
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WP(MD)Nos.21088, 21406, 21484 of 2016
Commission and were "of the view that the same deserves to be
accepted". The following passages, from the order, dated 10th
October, 2012, of the Supreme Court, merit reproduction:
"The learned Solicitor General pointed out that the High
Powered Commission appointed pursuant to the directions
given by the Court has submitted its report in three volumes.
The report of the Commission has been taken on record.
We have carefully gone through the recommendations
made by the Commission and are of the view that the same
deserves to be accepted.
With a view to enable the Government of India and
NCTE to indicate the steps proposed to be taken for
implementation of the recommendations made by the
Commission, we deem it proper to adjourn the case for two
months within which affidavits of the competent authorities be
filed on the issue of implementation of the recommendations of
the Commission." (Emphasis supplied)
32. In its subsequent order, dated 29th January, 2013,
the Supreme Court opined that it was "in the interest of the
society in general and the students community in particular
that a time bound schedule is framed by the Government and
the NCTE for implementation of the recommendations made by
the Committee headed by Hon'ble Sh. Justice J. S. Verma
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(Former Chief Justice of India)."
Again, in order dated 28th February, 2013, the Supreme
Court required the Central Government to file another
affidavit, clearly specifying the concrete steps already taken for
implementation of the recommendations made by the Verma
Commission. Thereafter, on 3rd May, 2013, the Supreme Court
opined that a small group, from the members of the Verma
Commission, could be requested to supervise the
implementation of the recommendations of the Commission.
Acting on the said direction, the Central Government
constituted a sub-group, comprising four members of the
Verma Commission, to monitor the progress, in the matter of
implementation of the recommendations of the Verma
Commission and to report, to the Supreme Court, with respect
thereto. This action was appreciated by the Supreme Court, in
its order dated 6th August, 2013, which went on to direct thus:
"In order to facilitate further implementation of the
report of the Verma Commission, we direct that the
recommendations which may be made by the sub-Group shall
be binding on the Government of India and the Governments of
all the States and Union Territories as also NCTE and
University Grants Commission and all of them shall implement
the same without any objection and without modifying the
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same."
33. The aforesaid sub-Group was designated, by the
Supreme Court, vide its subsequent order dated 10th
September, 2013 - wherewith the proceedings in SLP (C)
4247-4248/2009 were closed - as the "Implementation
Committee". The Supreme Court reiterated, in the said order,
its earlier mandate that the recommendations of the
Implementation Committee would be binding on all States,
Union Territories, the Central Government, the NCTE and the
UGC, who would be bound to implement the same without
reservation or modification. The following passages, from the
order dated 10 th September, 2013, are relevant:
"One of the recommendations made by the
Implementation Committee is the revision of the regulations
framed by NCTE. With a view to ensure that there is no further
complication in the matter of grant of recognition for
establishment of new Teacher Training Colleges/Institutions
and permission to the existing Colleges/Institutions to run the
Teacher Training Courses, we direct the concerned authorities
including the NCTE to notify the new regulations latest by
30.11.2013.
We also reiterate the direction given earlier and make it
clear that all the recommendations made by the
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WP(MD)Nos.21088, 21406, 21484 of 2016
Implementation Committee shall be binding on the Government
of India, the Governments of all the States and the
administration of Union Territories as also NCTE and
University Grants Commission and all of them shall implement
the same without any objection and without modifying the
same.
With the above direction, the proceedings of these
petitions are closed and the special leave petitions are disposed
of."
34. Consequent on the above directions of the Supreme
Court, the 2014 Regulations came to be promulgated,
superseding the existing 2009 Regulations.
35. Clearly, it would not be open to any Court to
question the wisdom of any provision, in the 2014 Regulations,
or in any amendment effected to the said Regulations, which is
in line with, or furthers, any of the recommendations of the
Verma Commission. The recommendations of the Verma
Commission, having been sanctified by the imprimatur of the
Supreme Court, were binding on the NCTE, and are also
binding on every judicial authority, hierarchically below the
Supreme Court.”
Therefore, mere challenging of the regulations is not permissible.
That apart, the learned Senior counsel further submitted that 2014
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WP(MD)Nos.21088, 21406, 21484 of 2016
Regulations have been subsequently amended in the year 2017,
2019 and 2021 and therefore, nothing survives in these Writ
Petitions.
5. The learned counsel appearing for the respondents also
have not disputed the withdrawal of the circulars and subsequent
amendments to the regulations.
6. Accordingly, these Writ Petitions are dismissed as
infructuous. Consequently, connected miscellaneous petitions are
closed. No costs.”
3.Following the same, these writ petitions are also dismissed as having
become infructuous. No costs. Consequently, connected miscellaneous
petitions are closed.
Index : Yes / No 14.06.2023
NCC : Yes / No
Internet : Yes
gk
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.21088, 21406, 21484 of 2016
B.PUGALENDHI, J.
gk
WP(MD)Nos.21088, 21406, 21484 of 2016
14.06.2023
https://www.mhc.tn.gov.in/judis
