V.K. Naswa Vs. Home Secretary [January 9, 2012]
2012 Latest Caselaw 15 SC

Adarsh Shiksha Mahavidyalaya and others Vs. Subhash Rahangdale and others

[Civil Appeal No. 104 of 2012 arising out of SLP (C) No.14020 of 2009]

[Civil Appeal No. 105 of 2012 arising out of SLP(C) No. 13801 of 2009]

[Civil Appeal No. 107 of 2012 arising out of SLP(C) No. 14019 of 2009]

[Civil Appeal No. 106 of 2012 arising out of SLP(C) No. 13913 of 2009]

[Civil Appeal No. 108 of 2012 arising out of SLP(C) No. 11739 of 2009]

[Civil Appeal No. 109 of 2012 arising out of SLP(C) No. 13615 of 2009]

[Civil Appeal No. 110 of 2012 arising out of SLP(C) No. 5485 of 2009]

[Civil Appeal No. 111 of 2012 arising out of SLP(C) No. 5486 of 2009]

[Civil Appeal No. 114 of 2012 arising out of SLP(C) No. 18345 of 2009]

[Civil Appeal No. 115 of 2012 arising out of SLP(C) No. 21277 of 2009]

[Civil Appeal No. 116 of 2012 arising out of SLP(C) No. 21015 of 2009]

[Civil Appeal No. 118 of 2012 arising out of SLP(C) No. 21012 of 2009]

[Civil Appeal No. 119 of 2012 arising out of SLP(C) No. 18985 of 2009]

[Civil Appeal No. 120 of 2012 arising out of SLP(C) No. 26526 of 2009]

[Civil Appeal No. 121 of 2012 arising out of SLP(C) No. 24088 of 2009]

[Civil Appeal No. 122 of 2012 arising out of SLP(C) No. 19604 of 2009]

[Civil Appeal No. 123 of 2012 arising out of SLP(C) No. 20674 of 2009]

[Civil Appeal No. 124 of 2012 arising out of SLP(C) No. 35507 of 2009]

[Civil Appeal No. 125 of 2012 arising out of SLP(C) No. 35519 of 2009]

[Civil Appeal No. 126 of 2012 arising out of SLP(C) No. 23072 of 2009]

[Civil Appeal No. 127 of 2012 arising out of SLP(C) No. 23073 of 2009]

[Civil Appeal No. 128 of 2012 arising out of SLP(C) No. 23074 of 2009]

[Civil Appeal No. 131 of 2012 arising out of SLP(C) No. 23075 of 2009]

[Civil Appeal No. 132 of 2012 arising out of SLP(C) No. 23076 of 2009]

[Civil Appeal No. 133 of 2012 arising out of SLP(C) No. 23079 of 2009]

[Civil Appeal No. 134 of 2012 arising out of SLP(C) No. 23080 of 2009]

[Civil Appeal No. 135 of 2012 arising out of SLP(C) No. 23081 of 2009]

[Civil Appeal No. 136 of 2012 arising out of SLP(C) No. 23084 of 2009]

[Civil Appeal No. 137 of 2012 arising out of SLP(C) No. 23083 of 2009]

[Civil Appeal No. 139 of 2012 arising out of SLP(C) No. 18984 of 2009]

[Civil Appeal No. 140 of 2012 arising out of SLP(C) No. 21288 of 2009]

[Civil Appeal No. 141 of 2012 arising out of SLP(C) No. 27318 of 2009]

[Civil Appeal No. 142 of 2012 arising out of SLP(C) No. 27320 of 2009]

[Civil Appeal No. 143 of 2012 arising out of SLP(C) No. 28625 of 2009]

[Civil Appeal No. 144 of 2012 arising out of SLP(C) No. 31086 of 2009]

[Civil Appeal No. 145 of 2012 arising out of SLP(C) No. 20994 of 2009]

[Civil Appeal No. 146 of 2012 arising out of SLP(C) No. 24779 of 2009]

[Civil Appeal No. 147 of 2012 arising out of SLP(C) No. 9468 of 2010]

J U D G M E N T

G. S. Singhvi, J.

1.     Leave granted.

2.     The importance of teachers and their training has been highlighted time and again by eminent educationists and leaders of society. The Courts have also laid considerable emphasis on the dire need of having qualified teachers in schools and colleges.

2.1 In Ahmedabad St. Xavier's College Society v. State of Gujarat (1974) 1 SCC 717, A.N. Ray, C.J., observed: "Educational institutions are temples of learning. The virtues of human intelligence are mastered and harmonised by education. Where there is complete harmony between the teacher and the taught, where the teacher imparts and the student receives, where there is complete dedication of the teacher and the taught in learning, where there is discipline between the teacher and the taught, where both are worshippers of learning, no discord or challenge will arise.

educational institution runs smoothly when the teacher and the taught are engaged in the common ideal of pursuit of knowledge. It is, therefore, manifest that the appointment of teachers is an important part in educational institutions. The qualifications and the character of the teachers are really important. The minority institutions have the right to administer institutions. This right implies the obligation and duty of the minority institutions to render the very best to the students.

In the right of administration, checks and balances in the shape of regulatory measures are required to ensure the appointment of good teachers and their conditions of service. The right to administer is to be tempered with regulatory measures to facilitate smooth administration. The best administration will reveal no trace or colour of minority. A minority institution should shine in exemplary eclectism in the administration of the institution.

The best compliment that can be paid to a minority institution is that it does not rest on or proclaim its minority character. Regulations which will serve the interests of the students, regulations which will serve the interests of the teachers are of paramount importance in good administration.

Regulations in the interest of efficiency of teachers, discipline and fairness in administration are necessary for preserving harmony among affiliated institutions. Education should be a great cohesive force in developing integrity of the nation. Education develops the ethos of the nation. Regulations are, therefore, necessary to see that there are no divisive or disintegrating forces in administration."

2.2 In Andhra Kesari Education Society v. Director of School Education (1989) 1 SCC 392, this Court observed: "Though teaching is the last choice in the job market, the role of teachers is central to all processes of formal education. The teacher alone could bring out the skills and intellectual capabilities of students. He is the `engine' of the educational system.

He is a principal instrument in awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would 5 5 inspire and motivate into action the benefiter. He must keep himself abreast of ever-changing conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds.

His involvement in national integration is more important, indeed indispensable. It is, therefore, needless to state that teachers should be subjected to rigorous training with rigid scrutiny of efficiency. It has greater relevance to the needs of the day. The ill-trained or sub-standard teachers would be detrimental to our educational system; if not a punishment on our children. The government and the University must, therefore, take care to see that inadequacy in the training of teachers is not compounded by any extraneous consideration.

"2.3 In State of Maharashtra v. Vikas Sahebrao Roundale (1992) 4 SCC 435, the Court said: "The teacher plays pivotal role in moulding the career, character and moral fibres and aptitude for educational excellence in impressive young children. Formal education needs proper equipping of the teachers to meet the challenges of the day to impart lessons with latest techniques to the students on secular, scientific and rational outlook.

A well-equipped teacher could bring the needed skills and intellectual capabilities to the students in their pursuits. The teacher is adorned as Gurudevobhava, next after parents, as he is a principal instrument to awakening the child to the cultural ethos, intellectual excellence and discipline. The teachers, therefore, must keep abreast of ever- changing techniques, the needs of the society and to cope up with the psychological approach to the aptitudes of the children to perform that pivotal role. In short teachers need to be endowed and energised with needed potential to serve the needs of the society.

The qualitative training in the training colleges or schools would inspire and motivate them into action to the benefit of the students. For equipping such trainee students in a school or a college, all facilities and equipments are absolutely necessary and institutions bereft thereof have no place to exist nor entitled to recognition. In that behalf compliance of the statutory requirements is insisted upon. Slackening the standard and judicial fiat to control the mode of education and examining system are detrimental to the efficient management of the education."

2.4 In St. Johns' Teachers Training Institute (for Women), Madurai v. State of Tamil Nadu (1993) 3 SCC 595, the Court observed: "The teacher-education programme has to be redesigned to bring in a system of education which can prepare the student-teacher to shoulder the responsibility of imparting education with a living dynamism.

Education being closely interrelated to life the well trained teacher can instill an aesthetic excellence in the life of his pupil. The traditional, stereotyped, lifeless and dull pattern of "chalk, talk and teach" method has to be replaced by a more vibrant system with improved methods of teaching, to achieve qualitative excellence in teacher- education."

2.5 In N.M. Nageshwaramma v. State of Andhra Pradesh 1986 (Supp.) SCC 166, the Court observed: "The Teachers Training Institutes are meant to teach children of impressionable age and we 7 7 cannot let loose on the innocent and unwary children, teachers who have not received proper and adequate training. True they will be required to pass the examination but that may not be enough. Training for a certain minimum period in a properly organised and equipped Training Institute is probably essential before a teacher may be duly launched."

3. We have prefaced disposal of these appeals, which are directed against interlocutory order dated 17.12.2008 and final order dated 13.03.2009 passed by the Division Bench of the Madhya Pradesh High Court in Writ Petition No. 6146 of 2008 and connected matters by highlighting the need for well-equipped and trained teachers because in the last three decades private institutions engaged in conducting teacher training courses / programmes have indulged in brazen and bizarre exploitation of the aspirants for admission to teacher training courses and ranked commercialisation and the regulatory bodies constituted under the laws enacted by Parliament and State Legislatures have failed to stem the rot.

The cases filed by these institutions, many of whom have not been granted recognition due to non- fulfilment of the conditions specified in the National Council for Teacher Education Act, 1993 (for short, `the 1993 Act') and the Regulations framed thereunder and by the students who have taken admission in such institutions with the hope that at the end of the day they will be able to get favourable order by invoking sympathy of the Court, have choked the dockets of various High Courts and even this Court.

The enormity of litigation in this field gives an impression that implementation of the provisions contained in the 1993 Act and the Regulations framed thereunder has been acutely deficient and the objects sought to be achieved by enacting the special legislation, namely, 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 have not been fulfilled so far.

4. Before adverting to the appellants' grievance against the orders passed by the Madhya Pradesh High Court in Writ Petition No. 6146 of 2008 Subhash Rahangdale and connected cases, we consider it necessary to notice the scheme of the 1993 Act and the Regulations framed thereunder. THE SCHEME OF THE 1993 ACT AND THE REGULATIONS

5.1 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 9norms and standards in the teacher education system and for matters connected therewith, Parliament enacted the 1993 Act.

The 1993 Act 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 the 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 Regional Committee concerned 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 thereunder or the conditions of recognition by a recognised institution finds place in Section 17. By an amendment made in July 2006, Section 17-A 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 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.

5.2 The relevant portions of Sections 12, 14 to 16, 17, 17-A, 18, 20, 29 and 32 of the Act which have bearing on the decision of these appeals are reproduced below:

"12. Functions of the Council.-It shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this Act, the Council may-

a.     undertake surveys and studies relating to various aspects of teacher education and publish the result thereof;

b.    make recommendations to the Central and State Governments, Universities, University Grants Commission and recognised institutions in the matter of preparation of suitable plans and programmes in the field of teacher education;

c.     coordinate and monitor teacher education and its development in the country;

d.    lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or in recognised institutions;

e.     lay down norms for any specified category of courses or trainings in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of curriculum;

f.     lay down guidelines for compliance by recognised institutions, for starting new courses or training, and for providing physical and instructional facilities, staffing pattern and staff qualifications;

g.    ***

h.     ***

i.      ***

j.      examine and review periodically the implementation of the norms, guidelines and standards laid down by the Council, and to suitably advise the recognised institutions;

k.     ***

l.      ***

m.   * * *

n.     perform such other functions as may be entrusted to it by the Central Government. Recognition of institutions offering course or training in teacher education.-

(1) 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 this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations: Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee.

(2) The fee to be paid along with the application under sub-section (1) shall be such as may be prescribed.(3) On receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall-

(a) if it is satisfied that such 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 determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or

(b) if it is of the opinion that such institution does not fulfill the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing: Provided that before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation.(4) * * *(5) Every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3).

(6) Every examining body shall, on receipt of the order under sub-section (4)-(a) grant affiliation to the institution, where recognition has been granted; or(b) cancel the affiliation of the institution, where recognition has been refused.15. Permission for a new course or training by recognised institution. - (1) Where any recognised institution intends to start any new course or training in teacher education, it may make an application to seek permission therefor to the Regional Committee concerned in such form and in such manner as may be determined by regulations.

(2) The fees to be paid along with the application under sub-section (1) shall be such as may be prescribed.(3) On receipt of an application from an institution under sub-section (1), and after obtaining from the recognised institution such other particulars as may be considered necessary, the Regional Committee shall-

(a) if it is satisfied that such recognised institution has adequate financial resources, accommodation, library, qualified staff, laboratory, and that it fulfils such other conditions required for proper conduct of the new course or training in teacher education, as may be determined by regulations, pass an order granting permission, subject to such conditions as may be determined by regulation; or

(b) if it is of the opinion that such institution does not fulfill the requirements laid down in sub-clause (a), pass an order refusing permission to such institution, for reasons to be recorded in writing: Provided that before passing an order refusing permission under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the institution concerned for making a written representation.(4) * * *

16. Affiliating body to grant affiliation after recognition or permission by the Council.-Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day-(a) grant affiliation, whether provisional or otherwise, to any institution; or(b) 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. * * *17 - Contravention of provisions of the Act and consequences thereof (1) Where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of this Act, or the rules, regulations, orders made or issued thereunder, or any condition subject to which recognition under sub-section (3) of section 14 or permission under sub-section (3) of section 15 was granted, it may withdraw recognition of such recognised institution, for reasons to be recorded in writing;Provided that no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution:Provided further that the order withdrawing or refusing recognition passed by the Regional Committee shall come into force only with effect from the end of the academic session next following the date of communication of such order.(2) A copy of every order passed by the Regional Committee under sub-section (1),-(a) shall be communicated to the recognised institution concerned and a copy thereof shall also be forwarded simultaneously to the University or the examining body to which such institution was affiliated for cancelling affiliation; and(b) shall be published in the Official Gazette for general information.(3) Once the recognition of a recognised institution is withdrawn under sub-section (1), such institution shall discontinue the course or training in teacher education, and the concerned University or the examining body shall cancel affiliation of the institution in accordance with the order passed under sub-section (1), with effect from the end of the academic session next following the date of communication of the said order.(4) If an institution offers any course or training in teacher education after the coming into force of the order withdrawing recognition under sub-section (1), or where an institution offering a course or training in teacher education immediately before the appointed day fails or neglects to obtain recognition or permission under this Act, the qualification in teacher education obtained pursuant to such course or training or after undertaking a course or training in such institution, shall not be treated as a valid qualification for purposes of employment under the Central Government, any State Government or University, or in any school, college or other educational body aided by the Central Government or any State Government.17-A. No admission without recognition.-No institution shall admit any student to a course or training in teacher education, unless the institution concerned has obtained recognition under Section 14 or permission under Section 15, as the case may be.18 - Appeals(1)

Any person aggrieved by an order made under section 14 or section 15 or section 17 of the Act may prefer an appeal to the Council within such period as may be prescribed.(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefore: Provided that an appeal may be admitted after the expiry of the period prescribed therefor, if the appellant satisfied the Council that he had sufficient cause for not preferring the appeal within the prescribed period.

(3) Every appeal made under this section shall be made in such form and shall be accompanied by a 18 1copy of the order appealed against and by such fees as may be prescribed.(4) The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disallowing an appeal, the appellant shall be given a reasonable opportunity to represent its case.(5) The Council may confirm or reverse the order appealed against. 20 - Regional Committees(1)

The Council shall, by notification in the Official Gazette, establish the following Regional Committees, namely:-(i) the Eastern Regional Committee;(ii) the Western Regional Committee;(iii) the Northern Regional Committee; and(iv) the Southern Regional Committee.(2) The Council may, if it considers necessary, establish with the approval of the Central Government, such other Regional Committees as it may deem fit.(3) ***(4) ***(5) ***(6)

The Regional Committee shall in addition to its functions under Sections 14, 15 and 17, perform such other functions, as may be assigned to it by the Council or as may be determined by regulations.(7) The functions of, the procedure to be followed by, the territorial jurisdiction of and the manner of filling casual vacancies among members of, a 19 1Regional Committee shall be such as may be determined by regulations.29 - Directions by the Central Government(1) The Council shall, in the discharge of its functions and duties under this Act be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time.

(2) The decision of the Central Government as to whether a question is one of policy or not shall be final.32 - Power to make regulations(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) the time and the place of the meetings of the Council and the procedure for conducting business thereat under sub-section (1) of section 7;

(b) the manner in which and the purposes for which persons may be co-opted by the Council under sub-section (1) of section 9;

(c) the appointment and terms and conditions of service of officers and other employees of the Council under sub-sections (1) and (2) respectively of section 19;

(d) the norms, guidelines and standards in respect of-

(i) the minimum qualifications for a person to be employed as a teacher under clause (d) of section 12;

(ii) the specified category of courses or training in teacher education under clause(e) of section 12;

(iii) starting of new courses or training in recognised institutions under clause (f) of section 12;

(iv) standards in respect of examinations leading to teacher education qualifications referred to in clause (g) of section 12;(v) the tuition fees and other fees chargeable by institutions under clause (h) of section 12;(vi) the schemes for various levels of teachers education, and identification of institutions for offering teacher development programmes under clause (l) of section 12;

(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;

(h) conditions required for the proper conduct of a new course or training and conditions for granting permission under clause (a) of sub-section (3) of section 15;(i) the functions which may be assigned by the Council to the Executive Committee under sub-section (1) of section 19; 21 2 (j) the procedure and the quorum necessary for transaction of business at the meetings of the Executive Committee under sub-section (5) of section 19;

(k) the manner in which and the purposes for which the Executive Committee may co-opt persons under sub-section (6) of section 19;

(l) the number of persons under clause (c) of sub- section (3) of section 20;

(m) the term of office and allowances payable to members under sub-section (5) of section 20;

(n) additional functions to be performed by the Regional Committee under sub-section (6) of section 20;

(o) the functions of the procedure to be followed by the territorial jurisdiction of, and the manner, of filling casual vacancies among members of a Regional Committee under sub-section (7) of section 20;

(p) any other matter in respect of which provision is to be, or may be, made by regulations."6. In exercise of the power vested in it under Section 32, the National Council for Teacher Education (for short, `the NCTE') has, from time to time, framed the regulations. Initially, the NCTE framed "the National Council for Teacher Education (Application for Recognition, the Manner for Submission, Determination of Conditions for Recognition of Institutions and Permissions to Start New Course or Training) Regulations, 1995".

In 2002, the NCTE framed "the National Council for Teacher Education (Form of Application for Recognition, the Time-Limit 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". Between 2003 and 2005, 6 amendments were made in the 2002 Regulations, which were finally repealed with the enactment of "the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 (for short, `the 2005 Regulations').

The relevant provisions of the 2005 Regulations are reproduced below: "3. Applicability: These regulations shall be applicable to all matters relating to teacher education programmes covering norms and standards and procedures for recognition of institutions, commencement of new programmes and addition to sanctioned intake in existing programmes and other matters incidental thereto.

5. Manner of making application

(1) An institution eligible under Regulation 4, desirous of running a teacher education programme may apply to the concerned Regional Committee of NCTE in the prescribed form in triplicate along with processing fee and requisite documents, for recognition.

(2) The form can be downloaded from the Council's website www.ncte-in.org, free of cost. The said form can also be obtained from the office of the Regional Committee concerned by payment of Rs. 1,000 by way of a demand draft of a Nationalised Bank drawn in favour of the Member Secretary, 23 2NCTE payable at the city where the office of the Regional Committee is located.

(3) An application can be submitted conventionally or electronically on-line. In the latter case, the requisite documents in triplicate along with the processing fee shall be submitted separately to the office of the Regional Committee concerned. Those who apply on-line shall have the benefit of not to pay for the form.7. Processing of applications(1) Applications which are complete in all respects shall be processed by the office of the Regional Committee concerned within 30 days of receipt of the such applications.(2) The applications shall be processed as under: -

(i) The particulars of the institutions shall be hosted on the official website of the Regional Committee concerned of the National Council for Teacher Education.

(ii) This will serve as an electronic communication to the applicant and also the State Government/UT Administration concerned for necessary follow up action on their part.

(iii) A written communication in addition shall also follow to the applicant.(iv) A written communication alongwith a copy of the application form submitted by the institution(s) of the concerned State/U.T. shall be sent to the State Government/U.T. Administration concerned.

(3) On receipt of the communication, the State Government/UT Administration concerned shall furnish its recommendations on the applications to the office of the Regional Committee concerned of the National Council for Teacher Education within 60 days from receipt. If the recommendation is negative, the State Government/UT Administration shall provide 24 2detailed reasons/grounds thereof, which could be taken into consideration by the Regional Committee concerned while deciding the application.

If no communication is received from the State Government/UT Administration within the stipulated 60 days, it shall be presumed that the State Government/UT Administration concerned has no recommendation to make.

(4) Though normally the applicant institutions will ensure submission of applications complete in all respects, in order to cover the inadvertent omission of deficiencies in documents, the office of the Regional Committee shall point out the deficiencies within 30 days of receipt of the applications, which the applicants shall remove within 90 days. The date of receipt of the application after completion of deficiencies shall be treated as the date of receipt of the application complete in all respects within the meaning of Regulation 7(1).

(5) Ordinarily, the inspection of infrastructure, equipment, instructional facilities, etc., of an institution shall be conducted within 30 days of completion of processing of its application by the office of the Regional Committee with a view to assessing the level of preparedness of the institution to commence the course. Such inspection shall be in the chronological order of the date of receipt of the completed application in the office of the Regional Committee concerned. Among the applications received on the same day, alphabetical order shall be followed.

(6) All the applicant institutions are expected to launch their own website simultaneously with the submission of their applications covering, inter alia, the details of the institutions, its location, name of the course applied for with intake, availability of physical infrastructure (land, building, office, classrooms, and other 25 2facilities/amenities), instructional facilities (laboratories, library, etc.) and the particulars of their proposed teaching and non-teaching staff, etc. with photographs for information of all concerned.

(7) At the time of visit of the team of experts to an institution, the institution concerned shall arrange for the inspection to be videographed in a manner that all important facilities are videographed along with interaction with the management and the staff (if available). The visiting teams shall finalize and courier their reports alongwith the video tapes on the same day.

(8) The application and the report alongwith the video tapes of the Visiting Team shall be placed before the Regional Committee concerned for consideration of grant of recognition or permission to an institution in its next meeting.(9) The Regional Committee shall decide grant of recognition or permission to an institution only after satisfying itself that the institution fulfills all the conditions prescribed by the NCTE under the NCTE Act, Rules or Regulations, including, inter alia, the norms and standards laid down for the relevant teacher education programme/course.

(10) In the matter of grant of recognition, the Regional Committees shall strictly act within the ambit of the National Council for Teacher Education, Act, 1993, the National Council for Teacher Education Rules, 1997 as amended from time to time and the regulations including the norms and standards for various teacher education programmes and shall not make any relaxation thereto.

The Regional Directors shall be responsible for ensuring that the decisions of the Regional Committees are not in contravention of the NCTE Act, NCTE Rules and regulations including the norms and standards. 26 2(11) The institution concerned shall be informed of the decision for grant of recognition or permission subject to appointment of qualified faculty members before the commencement of the academic session.

(12) The institution, concerned, after appointing the requisite faculty/staff, shall put the information on its official website and also formally inform the Regional Committee concerned. The Regional Committee concerned shall then issue a formal unconditional recognition order.(13)-(14) * * *8. Conditions for grant of recognition:(1) An institution must fulfill all the prescribed conditions related to norms and standards as prescribed by the NCTE for conducting the course or training in teacher education.

These norms, inter alia, cover conditions relating to financial resources, accommodation, library, laboratory, other physical infrastructure, qualified staff including teaching and non-teaching personnel, etc.(2) In the first instance, an institution shall be considered for grant of recognition for the basic unit as prescribed in the norms & standards for the particular teacher education programme.

(3) An institution shall be permitted to apply for enhancement of intake in a teacher education course already approved after completion of three academic sessions of running the course.

(4) An institution shall be permitted to apply for enhancement of intake in Secondary Teacher Education Programme - B.Ed. & B.P.Ed. 27 2 Programme, if it has accredited itself with the National Assessment and Accreditation Council (NAAC) with a grade of B+ on a nine point scale developed by NAAC. (5) No institution shall be granted recognition under these regulations unless it is in possession of required land on the date of application.

The land free from all encumbrances could be either on ownership basis or on lease for a period of not less than 30 years. In cases where under relevant State/UT laws the maximum permissible lease period is less than 30 years, the State Government/UT Administration law shall prevail. (6)-(9) * * * (10) An institution shall make admission only after it obtains unconditional letter of recognition from the Regional Committee concerned, and affiliation from the examining body.

(11) Whenever there are changes in the norms and standards for the course or training in teacher education, the institution shall comply with the requirements laid down in the revised norms and standards immediately but not later than the date of commencement of the next academic session, subject to conditions prescribed in the revised norms.

(12)-(14) * * *"7. Appendix-1 of the Norms and Standards for Secondary Teacher Education Programme leading to Bachelor of Education (B.Ed.) Degree, which was notified with the 2002 Regulations and was retained in the 2005 Regulations was amended vide notification 28 2dated 12.7.2006, paragraphs 1.0, 2.0, 3.0, 3.1, 3.2 and 3.3 of which are extracted below: "1.0 Preamble Teacher preparation course for secondary education, generally known as B.Ed., is a professional course that prepares teachers for upper primary/middle level (classes VI-VIII), secondary (classes IX-X) and senior secondary (classes XI-XII) levels. 2.0 Duration and working days 2.1 Duration B.Ed. programme shall be of a duration of at least one academic year.

2.2 Working Days There shall be at least 200 working days exclusive of period of examination and admission etc., out of which at least 40 days shall be for practice- teaching in about ten schools at upper primary / secondary / senior secondary level. A working day shall be of a minimum of 6 hours in a six-day week, during which physical presence in the institution of teachers and student-teachers is necessary to ensure their availability for individual advice, guidance, dialogues and consultation as and when needed.

3.0 Intake, Eligibility and Admission Procedure 3.1 Intake There shall be a unit of 100 students divided into two sections of 50 each for general sessions and not more than 25 students per teacher for a school subject for methods courses and other practical activities of the programme to facilitate participatory teaching and learning. 3.2 Eligibility 29 2 3.2.1 Candidates with at least 50% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to the programme.

3.2. There shall be relaxation of marks/reservation of seats for candidates belonging to SC/ST/OBC communities and other categories as per the Rules of the Central/State Government/UT Administration concerned.

3.3 Admission Procedure Admission shall be made on merit on the basis of marks obtained in the qualifying examination and/or in the entrance examination or any other selection process as per the policy of the State Government/U.T. Administration and the University."8. The 2005 Regulations were repealed by the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2007, the relevant provisions of which read as under: "4. Eligibility.-

The following categories of institutions are eligible for consideration of their applications under these Regulations: (1) Institutions established by or under the authority of the Central/State Government/UT administration; (2) Institutions financed by the Central/State Government/UT administration;

(3) All universities, including institutions deemed to be universities, so recognised under the UGC Act, 1956. 30 3(4) Self-financed educational institutions established and operated by `not for profit', Societies and Trusts registered under the appropriate law.

5. Manner of making application and time-limit.-(1) An institution eligible under Regulation 4, desirous of running a teacher education programme may apply to the concerned Regional Committee of NCTE for recognition in the prescribed form in triplicate along with processing fee and requisite documents.

(2) The form can be downloaded from the Council's website www.ncte-in.org, free of cost. The said form can also be obtained from the office of the Regional Committee concerned by payment of Rs. 1000 (Rupees one thousand only) by way of a demand draft of a nationalised bank drawn in favour of the Member-Secretary, NCTE payable at the city where the office of the Regional Committee is located.

(3) An application can be submitted conventionally or electronically online. In the latter case, the requisite documents in triplicate along with the processing fee shall be submitted separately to the office of the Regional Committee concerned. Those who apply online shall have the benefit of not to pay for the form.

(4) The cut-off date for submission of application to the Regional Committee concerned shall be 31st October of the preceding year to the academic session for which recognition has been sought.

(5) All complete applications received on or before 31st October of the year shall be processed for the next academic session and final decision, either recognition granted or refused, shall be communicated by 15th May of the succeeding year. 31 3 * * *7. Processing of applications.-

(1) The applicant institutions shall ensure submission of applications complete in all respects. However, in order to cover the inadvertent omissions or deficiencies in documents, the office of the Regional Committee shall point out the deficiencies within 30 days of receipt of the applications, which the applicants shall remove within 90 days. No application shall be processed if the processing fees of Rs. 40,000 is not submitted and such applications would be returned to the applicant institutions.

(2) Simultaneously, on receipt of application, a written communication along with a copy of the application form submitted by the institution(s) shall be sent by the office of the Regional Committees to the State Government/UT administration concerned.

(3) On receipt of the communication, the State Government/UT administration concerned shall furnish its recommendations on the applications to the office of the Regional Committee concerned of the National Council for Teacher Education within 60 days from receipt.

If the recommendation is negative, the State Government/UT administration shall provide detailed reasons/grounds thereof with necessary statistics, which shall be taken into consideration by the Regional Committee concerned while deciding the application. If no communication is received from the State Government/UT administration within the stipulated 60 days, it shall be presumed that the State Government/UT administration concerned has no recommendation to make.

(4) After removal of all the deficiencies and to the satisfaction of the Regional Committee concerned, the inspection of infrastructure, equipments, instructional facilities, etc. of an institution shall 32 3be conducted by a team of experts called Visiting Team (VT) with a view to assessing the level of preparedness of the institution to commence the course.

Inspection would be subject to the consent of the institution and submission of the self-attested copy of the completion certificate of the building. Such inspection, as far as administratively and logistically possible, shall be in the chronological order of the date of receipt of the consent of the institution. In case the consent from more than one institution is received on the same day, alphabetical order may be followed.

The inspection shall be conducted within 30 days of receipt of the consent of the institution.(5)-(8) * * *(9) The institution concerned shall be informed, through a letter, of the decision for grant of recognition or permission subject to appointment of qualified faculty members before the commencement of the academic session. The letter issued under this clause shall not be notified in the Gazette.

The faculty shall be appointed on the recommendations of the Selection Committee duly constituted as per the policy of the State Government/Central Government/University/UGC or the affiliating body concerned, as the case may be. The applicant institution shall submit an affidavit in the prescribed form that the Selection Committee has been constituted as stated above. A separate staff list with the details would be submitted in the prescribed form. The Regional Committee would rely on the above affidavit and the staff list before processing the case for grant of formal recognition.

(10) All the applicant institutions shall launch their own website soon after the receipt of the letter from the Regional Committee under Regulation 7(9) covering, inter alia, the details of the institution, its location, name of the course applied for with intake, availability of physical 33 3infrastructure (land, building, office, classrooms, and other facilities/amenities), instructional facilities (laboratory, library, etc.) and the particulars of their proposed teaching and non-teaching staff, etc. with photographs, for information of all concerned.

(11) The institution concerned, after appointing the requisite faculty/staff as per Regulation 7(9) above and fulfilling the conditions under Regulation 7(10) above shall formally inform the Regional Committee concerned along with the requisite affidavit and staff list. The Regional Committee concerned shall then issue a formal recognition order that shall be notified as per provision of the NCTE Act.(12)-(13) * * *8. Conditions for grant of recognition.-

(1) An institution must fulfill all the prescribed conditions related to norms and standards as prescribed by NCTE for conducting the course or training in teacher education. These norms, inter alia, cover conditions relating to financial resources, accommodation, library, laboratory, other physical infrastructure, qualified staff including teaching and non-teaching personnel, etc.(2) In the first instance, an institution shall be considered for grant of recognition for only one course for the basic unit as prescribed in the norms and standards for the particular teacher education programme.

An institution can apply for one basic unit of an additional course from the subsequent academic session. However, application for not more than one additional course can be made in a year.(3) An institution shall be permitted to apply for enhancement of course wise intake in teacher education courses already approved, after 34 3completion of three academic sessions of running the respective courses.(4) An institution shall be permitted to apply for enhancement of intake in Secondary Teacher Education Programme - BEd & BPEd programme, if it has accredited itself with the National