SUPREME COURT OF INDIA
State of Maharashtra
Vs
Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others
Appeal (Civil) 1859 of 2006; Arising Out of Special Leave Petition (Civil) No.20918 of 2005; Civil Appeal Nos. 1860 of 2006; Arising Out of Special Leave Petition (C) Nos.20969-20977 of 2005
(Y. K. Sabharwal (CJI), C. K. Thakker, JJ)
31.03.2006
C. K. THAKKER J
Leave granted.
The present appeals are directed against the judgment and order passed by the High Court of judicature at Bombay, on September 28, 2005 in Writ Petition Nos. 6172 of 2005, 4769 of 2005 and cognate matters. Writ Petition No.4769 of 2005 was filed by Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya for an appropriate writ, direction or order, quashing and setting aside the order dated December 28, 2004 passed by the State of Maharashtra by which the petitioner was informed that the State of Maharashtra had taken a policy decision not to grant 'No Objection Certificate' ('NOC' for short) to any institution for starting new B.Ed. college for the academic year 2005-06. It was also decided to communicate the said policy decision to the Maharashtra University stating that if necessity will arise in the next year, applications for the institutions would be considered at that time. A decision was also taken to bring it to the notice of National Council for Teacher Education, Bhopal ('NCTE' for short) that in the State of Maharashtra, there was no need for new B.Ed. trained manpower and hence NCTE should not directly consider any application for grant of permission to start B.Ed. college. In spite of the aforesaid policy decision by the State of Maharashtra, NCTE granted permission to the petitioner institute. The State hence challenged the said action by filing Writ Petition No. 6172 of 2005 contending that the decision of NCTE ignoring the policy decision of the State Government dated December 28, 2004 was not in consonance with law and was liable to be set aside.
Both the petitions were heard together by a Division Bench of the High Court.
By a common judgment, the High Court allowed the petition filed by the
institution, set aside the order passed by the State Government on December 28,
2004 and issued direction to the State of Maharashtra as well as Maharashtra
University to take appropriate consequential actions in accordance with law in
the light of the decision taken by NCTE in favour of the institution permitting
opening of a new B.Ed. college. Similar directions were issued in favour of
other colleges also.
To appreciate the contentions raised by the parties to the proceedings, few
relevant facts in Writ Petition No. 4769 of 2005 may now be stated.
The petitioner is a public trust registered under the Bombay Public Trusts Act, 1950 as also society registered under the Societies Registration Act, 1860. It was the case of the petitioner that it was running a secondary school at village Kondhapuri, Taluk Shirur, District Pune, having a strength of about 150 students. The petitioner desired to impart education for B.Ed. course. To meet with the requirement of infrastructure, library, staff etc., it spent more than rupees one crore. The petitioner then made an application to SNDT Women's University, Mumbai on October 30, 2004 by paying the requisite affiliation fees. A copy of the said application was forwarded to the Principal Secretary, Higher and Technical Education, Mantralaya, Mumbai. An application was also made by the petitioner to NCTE, Western Region Office, Bhopal on December 31, 2003 in the prescribed format for grant of permission to start B.Ed. college for women in accordance with the provisions of the National Council for Teacher Education Act, 1993 (hereinafter referred to as 'the Act') and the National Council for Teacher Education (Norms & Conditions for recognition of Bachelor of Elementary Education) Regulations, 1995 (hereinafter referred to as 'the Regulations'). The petitioner also deposited the original Fixed Deposit Receipt (FDR) of Rs.5 lacs towards Endowment Fund.
According to the petitioner, the University processed the application of the petitioner for affiliation and forwarded it to the State Government. It was averred in the petition that the application was recommended for the establishment of the proposed B.Ed. college to be opened by the petitioner. NCTE, vide its letter dated February 24, 2005 asked the petitioner whether it was ready for inspection as per the norms prescribed by the NCTE. Since the petitioner was ready for such inspection by the NCTE, the Expert Committee of NCTE visited the petitioner's campus on June 6, 2005 and verified the adequacy of infrastructure, staff and other norms. The report was submitted by the Committee to NCTE which approved and granted recognition for B.Ed. college to be opened by the petitioner from academic year 2005-06 with an intake capacity of 100 students. After receipt of the said letter, the petitioner applied to the Government of Maharashtra on July 4, 2005 for grant of permission to start the college and/or inclusion of the name of the college in the Central Admission Process for the year 2005-06. According to the petitioner, the State Government neither acted on the said letter nor even replied. Under the Maharashtra Universities Act, 1994 (hereinafter referred to as 'the University Act'), only after permission from the Government, B.Ed. college can be opened. Since the admission process was to be delayed and the petitioner had undertaken every exercise by getting necessary permission from NCTE and had invested huge amount of more than one crore on development, infrastructure and appointment of staff etc., it was constrained to approach the High Court by filing a petition for appropriate relief.
An affidavit was filed on behalf of SNDT Women's University stating therein
that it did not recommend the case of the petitioner to the State as in terms
of the Prospective Plan for 2002-07, the district-wise allocation for Pune was
only one college. It was, therefore, not possible to recommend opening of a new
B.Ed. college by the petitioner.
An affidavit was also filed by the State authorities, asserting that the
petitioner had to obtain NOC from the State Government. According to the
respondents 3 and 4, the State Government had an important role to play in the
process of grant of permission by NCTE and such role has been recognized by
this Court in St. John Teachers Training Institute Vs. Regional Director, NCTE
& Another, : . It was stated that the State Government had
been assigned an important task of development and improvement of teacher's
education and thus it was vitally interested in education and specially in
professional courses in the State. It was only the State Government which could
correctly assess and know the extent of requirement of trained manpower and
supply of trained teachers keeping in view the requirements, change of
occupation and demand of such teachers. The input from the State Government
through NOC was thus vital for enabling NCTE to exercise its powers and
discharge its functions properly and without involvement of the State
Government and availability of necessary input by the State Government, NCTE
could not grant permission. It was then stated that there were 216 B.Ed.
colleges with an intake capacity of more than 20, 000 students. Additionally,
NCTE had sanctioned 40 new B.Ed. colleges on the basis of NOC issued by the
State Government prior to 2005-06. The State Government had issued NOC to
nearly 80 new institutions upto 2004-05. There was, thus, sufficient B.Ed.
colleges and intake capacity taking into account the need for teachers. A
conscious decision was, therefore, taken by the Cabinet Sub-Committee on
December 28, 2004 not to grant approval or issue NOC for starting any new
institution or to increase intake capacity of existing institutions imparting
B.Ed. course for the year 2005-06. The said decision of the Government was
communicated to all the Universities on February 4, 2005 and the Universities
were directed to communicate the decision of the Govenrment to institutions concerned.
In spite of the above decision, NCTE forwarded the recommendation for grant of
permission in favour of certain institutions. But, as policy decision had been
taken by the State Government, the proposal of the petitioner institution for
grant of NOC was not forwarded to NCTE. The State had also made a complaint in
the affidavit that NCTE had not clarified in what circumstances it has issued
permissions to the petitioner and other institutions without NOC from the State
Government.
An additional affidavit was also filed reiterating the decision of the Cabinet
Sub-Committee dated December 28, 2004. It was stated that it was also decided
to withdraw/cancel NOC which had been issued by the State Government in favour
of some institutions. Those institutions, therefore, filed writ petitions and
the Division Bench set aside the decision of the State Government by granting
liberty to the State to take appropriate action in accordance with law after
giving an opportunity of hearing to the petitioners. The State Government,
thereafter, afforded hearing to the institutions, but again it was decided to
withdraw/cancel NOC in view of the policy decision of the Government. It was,
therefore, prayed by the respondent State that its decision was a policy
decision which was in consonance with law and the petition was liable to be
dismissed.
By filing Writ Petition No. 6172 of 2005, the State had challenged the action
of NCTE of granting permission to open new B.Ed. college ignoring the policy decision
of the State dated December 28, 2004, praying that the action of NCTE was
illegal and unlawful and was liable to be set aside.
The NCTE also filed a counter before the High Court. Relying on various
provisions of the Act, NCTE stated that necessary sanction had been granted by
NCTE and the said decision was legal, valid and in consonance with law. It was
stated that since the final authority for granting such permission was only
NCTE under the Act, SNDT University as well as the State Government ought to
have respected the order passed by the NCTE by taking consequential actions. It
was stated that the State Government never informed NCTE about its general
policy not to issue any NOC to new B.Ed. institution for academic year 2005-06
in view of output of existing B.Ed. colleges. It was further stated that NCTE
considered the question but decided not to accept the decision of the State
Government for the reason that the State while taking such decision, did not
consider the education policy of the Government of India under Sarv Shiksha
Abhiyan which required opening of large number of primary schools and
thereafter secondary schools. It also did not take into account preferential
needs of hilly and remote areas, requirement of teachers for Science, Mathematics
and English, need of non-formal education of adults, disabled, tribals etc. and
did not consider the need of trained teachers who do not seek employment in
other institutions but wish to use the training in self employment such as
opening of coaching classes, etc.
In an additional affidavit, NCTE stated that in the 73rd meeting, the agenda
included consideration of letter of the State of Maharashtra dated May 7, 2005
in which it was stated that Government had decided not to issue any NOC for
starting new B.Ed. college for the academic year 2005- 06. The meeting was held
between June 3 & 5, 2005 which was attended by the State representative but
as the agenda could not be completed, the meeting continued on June 16 and 17
when State representative was not present. After considering the policy and
views of the Government, the Committee decided that the decision of the State
Government was not binding upon NCTE and accordingly NCTE had decided to grant
permission to open 16 new B.Ed. colleges.
The High Court, therefore, was called upon to consider the role played by the
State Government in the process of consideration of application by the
institutions seeking recommendation of opening B.Ed. colleges by NCTE in the
light of the provisions of the Act in juxtaposition to the extent of trained
manpower required by the State and to take policy decision on the basis of
output of teachers by such colleges. The Court was also called upon to consider
whether in the absence of any material being made available by the State
Government to NCTE whether the latter can process the application and take a
decision contrary to the decision of the State Government. A question had also
arisen as to whether the State Government can refuse permission to an
institution which had been granted permission to start B.Ed. college by NCTE
under the Act and whether policy decision of the State Government not to grant
NOC would bind NCTE in the light of the provisions of the Act.
The High Court considered the material provisions of the Act and the
Regulations and the relevant decisions of this Court, particularly in State of
Tamilnadu & Anr. Vs. Adhiyaman Educational & Research Institute &
Ors., 1 : 1,
Jaya Gokul Educational Trust Vs. Commissioner & Secretary, Higher Education
Department, Thiruvananthapuram, Kerala State & Anr. : and St.
John's Teacher's Training Institute, referred to above.
The High Court held that in the light of the relevant provisions of the Act as
interpreted by this Court in various decisions, the appropriate authority to
take decision regarding opening of new colleges was NCTE and neither the State
Government nor the University can act contrary to the decision of NCTE.
According to the High Court, under the Act, the only authority which could take
a decision regarding opening of new B.Ed. college or increase in intake
capacity was NCTE and such decision cannot be ignored either by the State
authorities or by the University. So far as the function of the State
Government was concerned, the High Court observed that it was in the nature of
supply of necessary data and materials so as to enable NCTE to undertake the
process of coming to an appropriate decision but the State had no power to
decide that it had taken a policy decision not to grant permission to open new
B.Ed. college for a particular period. Such decision was not in accordance with
the provisions of the Act nor in consonance with law laid down by this Court.
Regarding role of the University, the High Court held that it was incumbent on
the University to take an appropriate decision and consequential action on the
basis of decision of NCTE and the provisions of the University Act required the
University to implement such decision. It was, therefore, not open to the
University to take any action overlooking the decision of NCTE and relying on a
decision of the State Government. In the light of the above findings the High
Court allowed the petition filed by the institutions and dismissed the writ
petition of the State Government.
The High Court, in the operative part, observed as under:
"For the reasons stated in the judgment, we direct the Director of
Higher Education, Government of Maharashtra to forthwith include the name of
the petitioner institute in the list of Central Admission process for the year
2005- 2006 B.Ed. Course consequent to the petitioner being allowed to start
B.Ed. college. The University considering Section 14(6) of the National Council
for Teaching Education Act, 1993 to grant first time affiliation to the
petitioner college to enable the College to admit students. That affiliation
would be subject to the petitioner college fulfilling the requirements as
required by the University to grant first time affiliation in terms of the
Unvieristy Act, Rules and Statute to the extent that has to be complied with.
It is made clear that those who have been admitted pursuant to the Central
Admission Process are not eligible to apply against the seats now available and
admissions already done will not be interfered with and the new seats will be
filled in from amongst the candidates still on the merit list, by conducting a
special round of admission.
Rule made absolute to that extent in Writ Petition No. 4769 of 2005
.
Rule discharged in Writ Petition No. 6172 of 2005 subject to what we have set out in the body of the judgment."
As already stated, NOC had been granted earlier in favour of other colleges by
the State Government on the basis of permission granted by NCTE. But it was
subsequently withdrawn/cancelled in the light of the policy decision dated
December 28, 2004 not to permit any new B.Ed. College to be opened. Those
colleges filed petitions which also came to be allowed by the High Court. The
State has now approached this Court by filing the present appeals. The matters
were placed for admission- hearing before this Court and on October 5, 2005
notice was issued. Stay was also granted against the judgment of the High Court
as also the recommendation order passed by NCTE, Bhopal. In the order dated
January 6, 2006 it was observed by this Court that the matters require
elaborate submissions. The Registry was, therefore, directed to list them on 'a
non-miscellaneous day' in the last week of January, 2006. That is how the
matters had been placed before us.
We have heard the learned counsel for the parties. Mr. T.R. Andhyarujina, Senior Advocate, appearing for the State contended that the policy decision taken by the State Government was in consonance with law and could not have been ignored by NCTE. It was also submitted that it was within the power and authority of the State to take into account relevant and germane considerations that as against the demand of about 7, 500 teachers per year, at present more than 25, 000 teachers are available. The resultant effect is that every year there is excess of teachers to the extent of 18, 000. There are more than 250 B.Ed. colleges in the State and if more colleges will be allowed to be opened, there will be unemployment of many more teachers. The said aspect was seriously considered by the Cabinet Sub Committee and a conscious decision was taken on the basis of demand of teachers in future and it was resolved that for the year 2005-06, no NOC would be granted to open new B.Ed. colleges. Such a decision, submitted Mr. Andhyarujina, by no means can be described as arbitrary, irrational or otherwise unreasonable. It was also submitted that the Regulations framed and Guidelines issued by NCTE under the Act empowered the State Government to consider certain matters. The legality thereof came to be challenged before this Court in St. John Teachers Training Institute and they were held valid. When in exercise of the power conferred by NCTE on the State Government, an action was taken and decision has been arrived at, it is neither open to NCTE nor to a college to question the legality thereof, particularly when the State has taken into consideration planned and combined development of teacher education in the State. It was also urged that the State kept in mind Prospective Plan for the period 2003-07 and was of the opinion that there should not be imbalance or excess of teachers so as to increase unemployment and unrest. According to Mr. Andhyarujina, the High Court ought to have considered the provisions of the University Act and in particular Sections 82 and 83 thereof in their proper perspective. It is only when the State grants NOC and NCTE permits new B.Ed. college to be opened or allows increase in intake capacity that the above sections will apply and the university will act in accordance with the decision of the State and NCTE. In the absence of grant of NOC, a college cannot insist on implementation of provisions of Sections 82 and 83 of the University Act merely on the basis that NCTE had granted permission under the Act. It was finally submitted that even if this Court is of the view that all the submissions made by the State are ill-founded and the decision of the High Court does not deserve interference, no permission may be granted to the colleges at least for the year 2005-06 since minimum requirement is presence of 180 days which would be impossible to comply with since B.Ed. Examination is scheduled to be held in March-April, 2006. It was stated that the course is of one year only after graduation and as such there is no supplementary / additional examination for B.Ed.
Mr. Raju Ramachandran, learned counsel for NCTE supported the order passed by
the High Court. He submitted that NCTE is the final authority and has primary
voice in establishing technical educational institutions. According to him, the
Act has been enacted by Parliament in exercise of power under Entry 66 of List
I of Schedule VII to the Constitution and the State has no power in such
matters. He also submitted that the point is finally concluded by this Court in
several cases referred to above. The High Court considered the respective
contentions of the parties in the light of the law laid down by this Court and
held that it is only NCTE which has final voice and once a decision is taken by
that body, neither the State Act nor any authority of State can interfere with
such decision. The counsel also submitted that like the State, University has
also no power, authority or jurisdiction to ignore the decision taken by NCTE
or refuse to take action in pursuance of permission granted by NCTE.
Sub-section (6) of Section 14 of the Act expressly requires university to act
in accordance with the decision of NCTE and State Government cannot direct the
university nor university can overlook the statutory scheme. It was also
submitted that the policy decision of the State Government dated 28th December,
2004 was not legal and valid. Several aspects and relevant considerations were
not kept in mind while taking the said decision. In the circumstances, NCTE was
constrained to take an action in consonance with law. The matter was discussed
in various meetings of NCTE. In the final meeting, the representative of the
State was not present. A decision was taken by NCTE to grant permission to new
B.Ed. colleges which was legal and valid. Regarding Regulations and Guidelines
framed by NCTE and the role to be played by the State Government in such cases,
it was submitted that it is merely in the nature of supply of necessary
data/materials and is 'consultative' in character. As it may be difficult for
NCTE to get necessary information before power is exercised by NCTE one way or
the other, the State is requested to furnish requisite details. That, however,
does not mean that the State can refuse NOC after a decision has been taken by
NCTE. Once the State is consulted and it supplied and made available necessary
particulars to NCTE as required by it, the function of the State comes to an
end. Thereafter it is only for NCTE to take an appropriate decision in
accordance with law. If such decision is otherwise objectionable, the party
aggrieved may challenge the same but so far as State is concerned, its role is
over as soon as the consultation is over. Mr. Raju, therefore, submitted that
the High Court was wholly justified in allowing the petition filed by colleges
and in dismissing the writ petition of the State. The learned counsel for
various colleges supported Mr. Raju Ramachandran on interpretation and
application of the provisions of the Act and final decision of the High Court.
They, however, had taken other contentions as well. According to them, the
State has no locus standi to challenge the decision of NCTE. The State cannot
be said to be "person aggrieved" or "aggrieved party" so as
to challenge the decision of NCTE. If the decision is against the college, it
is only the college which has 'standing' to impugn the said decision. The High
Court, therefore, in the submission of the learned counsel for colleges, ought
to have dismissed the petition filed by the State as not maintainable without
entering into the merits of the matter. It was also submitted that under the
scheme of the Constitution, particularly Articles 245, 246, 248 and 254 read
with Schedule VII thereof, only Parliament has power of co-ordination and
determination of standards in institutions for higher education or research,
scientific and technical institutions. State Legislatures have no authority to
enact any law in the field covered by Entry 66 of List I of Schedule VII.
Obviously, therefore, State Government has no authority to take a policy
decision in respect of the subjects covered by Entry 66 of List I of Schedule
VII for which a specific enactment has been made by Parliament and under the
said Act authority has been granted to NCTE to take an action. As to
Regulations and Guidelines, it was submitted that under the Act power has been
conferred on NCTE. It is, therefore, only NCTE, which can consider the question
and take appropriate decision under the Act and it is not open to NCTE to make
Regulations or frame Guidelines empowering the State Government to undertake
such exercise. According to the counsel, therefore, even if Regulations are
framed or Guidelines made, they are not in consonance with the Act and there is
abdication of power by NCTE in favour of State Government which is hit by the
doctrine of impermissible and excessive delegation. Regulations permitting such
excessive / impermissible delegation must be declared inconsistent with the
parent Act as also ultra vires and unconstitutional. The counsel also submitted
that so-called policy decision of the State Government is arbitrary and
unreasonable and would be hit by Clause (g) of Article 19(1) of the
Constitution which allows all citizens to have the right to practise any
profession, or to carry on any occupation, trade or business, otherwise legal
and lawful. Article 19(6) cannot be invoked by the State as total prohibition
to open B.Ed. college can never be said to be in the interest of general public
and would not fall within "reasonable restriction" permissible under
the said provision. It is also violative of Article 21A as inserted by the
Constitution (Eighty-sixth Amendment) Act, 2002. Over and above constitutional
inhibitions, the order dated 28th December, 2004 is arbitrary and unreasonable
inasmuch as considerations which weighed with the State Government relating to
employment of B.Ed. teachers were totally irrelevant and extraneous. Taking
education and getting employment are two different things. The colleges are not
claiming any grant or financial aid from the State, nor do they give any
assurance or guarantee to students admitted to B.Ed. colleges that the State
will give them employment. It is, therefore, not open to the State Government
to refuse to grant NOC because the State is not able to give employment to teachers
after they get B.Ed. degree. There are several Arts, Commerce and Science
colleges in the State in which students take education and get degrees of B.A.,
B.Com. or B.Sc. It is not even the case of the State that all those students
got employment at one or the other place. Thus, the so-called policy decision
of the State Government not to grant NOC to B.Ed. colleges is totally
irrational. It was also submitted by the respondents that they had made huge
investments and if at this stage they will be refused permission, irreparable
injury and loss would be caused to them. Finally, it was submitted that since
the decision of NCTE is legal, lawful and in consonance with the provisions of
the Act as also consistent with the law laid down by this Court in several
judgments, the order passed by the High Court deserves to be upheld by allowing
the institutions to open B.Ed. colleges from the year 2005-06 as has been done
by NCTE. If this Court considers it appropriate, specific direction may be
issued to the respondents to conduct extra classes/lectures and to hold
supplementary/additional examination. Once the action of NCTE is found to be
lawful and the decision of the State Government bad, no prejudice should be
caused to the institutions. Before we deal with the contentions of the parties,
it would be appropriate if we refer to the relevant provisions of law. Part XI
of the Constitution deals with relations between Union and States. Chapter I
thereof relates to legislative relations and distribution of legislative
powers. Article 245 enables Parliament to make laws for the whole or any part
of territory of India. Similarly, a Legislature of a State has power to make
laws for the whole or any part of the State. Article 246 provides for
distribution of legislative power between Parliament and Legislatures of States
and reads thus:
"246. Subject-matter of laws by Parliament and by the Legislatures of
States-(1) Notwithstanding anything in clauses (2) and (3), Parliament has
exclusive power to make laws with respect to any of the matters enumerated in
List I in the Seventh Schedule (in this Constitution referred to as the
"Union List"). (2) Notwithstanding anything in clause (3), Parliament
and, subject to clause (1), the Legislature of any State also, have power to
make laws with respect to any of the matters enumerated in List III in the
Seventh Schedule (in this Constitution referred to as the "Concurrent
List"). (3) Subject to clauses (1) and (2), the Legislature of any State
has exclusive power to make laws for such State or any part thereof with
respect to any of the mattes enumerated in List II in the Seventh Schedule (in
this Constitution referred to as the 'State List'). (4) Parliament has power to
make laws with respect to any matter for any part of the territory of India not
included [in a State] notwithstanding that such matter is a matter enumerated
in the State List."
Whereas Article 248 provides for residuary power of Legislature, Article 254
covers cases of inconsistency between laws made by Parliament and by
Legislatures of States. Schedule VII to the Constitution comprises of three
Lists: (i) Union List, (ii) State List and (iii) Concurrent List. While
exclusive power to enact laws lies with Parliament under List I, the power to
enact laws under List II is with the State Legislatures. In respect of subjects
falling under List III, it is open to Parliament as well as State Legislatures
to enact laws subject to the provisions of Articles 254. Entries 63 to 66 of
List I of Schedule VII relate to higher education. Entry 66 which is relevant
reads thus:
"66. Co-ordination with determination of standards in institutions for
higher education or research and scientific and technical intuitions"
Entry 11 of List II inter alia included university education. It was omitted by the Constitution (42nd Amendment) Act, 1976 and became part of Entry 25 of List III (Concurrent List). Entry 25, as originally stood read as under:
"25. The vocational and technical training of labour."
After the amendment of 1976, the Entry as it stands now reads thus:
"25. Education, including technical education medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour."
The National Council for Teacher Training Act, 1993 has been enacted by Parliament and deals with teacher's education. It came into force with effect from July 1, 1995. The Preamble of the Act is relevant and reads thus:
"An Act to provide for the establishment of a National Council for Teacher Education with a view to achieving planned and co-ordinated 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."
Section 2 is definition clause wherein various terms have been defined.
"Council" is defined as the National Council for Teacher's Education
established under sub- section (1) of Section 3 of the Act.
"Institution" has been defined as "an institution which offers
courses for training in teacher's education". "Teacher
education" is defined thus:
"Teacher education 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."
Under that section, "University" means "University defined under
clause (f) of Section 2 of the University Grants Commission
Act, 1956 and includes an institution deemed to be a University under
Section 3 of that Act." Chapter II provides for establishment of Council
and Chapter III deals with functions to be performed by the Council. Section 12
imposes duty on the Council to take necessary steps for ensuring planned and
co-ordinated development of teacher education and for determination and
maintenance of standards for teacher education. The said section is relevant
and may be quoted in extenso:
"12. It shall be the duty of the Council to take all such steps as it
may think fit for ensuring planned and co-ordinated 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 recognized institutions in the matter of
preparation of suitable plans and programmes in the field of teacher education;
(c) co-ordinate 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) lay down standards in respect of examinations leading to teacher education
qualifications, criteria for admission to such examinations and schemes of
courses or training;
(h) lay down guidelines regarding tuition fees and other fees chargeable by
recognised institutions;
(i) promote and conduct innovation and research in various areas of teacher
education and disseminate the results thereof;
(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) evolve suitable performance appraisal systems, norms and mechanisms for
enforcing accountability on recognized institutions;
(l) formulate schemes for various levels of teacher education and identify
recognized institutions and set up new institutions for teacher development
programmes;
(m) take all necessary steps to prevent commercialization of teacher education;
and
(n) perform such other functions as may be entrusted to it by the Central
Government."
Chapter IV is material and provides for "Recognition of teacher education
institutions." While Section 14 deals with recognition of intuitions
offering course or training in teacher education, Section 15 relates to
permission of new courses or training by a recognized institution and they read
thus:
"14 (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 fulfil 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) Every order granting or refusing recognition to an institution for a course or training in teacher education under sub-section (3) shall be published in the Official Gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State Government and the Central Government. (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 (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 fulfil 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) Every order granting or refusing permission to a recognised institution for a new course or training in teacher education under sub-section (3), shall be published in the Official Gazette and communicated in writing for appropriate action to such recognised institution and to the concerned examining body, the local authority the State Government and the Central Government".
Section 16 opens with a non-obstante clause and requires an affiliating body to
grant affiliation only after recognition or permission by the Council.
Contravention of the provisions of the Act and consequences thereof have been
specified in Section 17. Appellate provision is found in Section 18.
Section 31 of the Act enables the Central Government to make Rules to carry out
the purposes of the Act. Likewise, Section 32(1) empowers the Council to make
Regulations not inconsistent with the provisions of the Act and the Rules made
thereunder for the purpose of carrying out of the provisions of the Act.
Sub-section (2) of Section 32 expressly states that in particular and without
prejudice to the generality of power to make Regulations, such Regulations may
provide for the matters enumerated in clauses (a) to (p). Clauses (d), (e), (f)
and (g) are relevant and read thus:
"(d) the norms, guidelines and standards in respect of-
(i) the minimum qualifications or 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 recognized 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 teacher education, and identification of
institutions for offering teacher development programmes under clause (1)
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"
In exercise of the power conferred by Section 32 of the Act, the Council framed
Regulations known as 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, 1995.
Regulation 5 deals with the manner of making application and Regulation 8
relates to conditions for recognition. Clauses (e), (f) and
(g) of Regulation 5 read as under:
"5. (e) Every institution intending to offer a course or training in
teacher education but was not functioning immediately before 17.8.1995, 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 recognized 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.
The State Government shall make available to the concerned Regional Committee
of NCTE its views/recommendations which will be considered by the Regional
Committee while taking a decision on the application for recognition."
Regulation 8 imposes conditions for recognition and reads thus:
"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 or any other manner deemed fit, that the institutions have
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 fulfils the conditions given in Appendix III."
It appears that NCTE had framed Guidelines for the State Government / Union
Territory by a notification, dated February 2, 1996 for issuance of NOC. The
relevant Guidelines read thus:
"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
attrition 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 10-15years.
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 such as education of the disabled, non-formal education, education
of adults, preschool education, vocational education etc. special efforts and
incentives may be provided to motivate private managements/voluntary
organizations 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 reverse fund and
operating funds to meet the day-to-day requirements of the institutions,
including payment of salaries, provision of equipment etc. Laboratories,
teaching science methodologies and practicals should have adequate gasplants,
proper fittings and regular supply of water, electricity etc. They should also
have adequate arrangements. Capabilities of the institution for filing norms
prepared by NCTE may be kept in view
.
9. In the establishment of an institution preference needs to be given to
locations which have a large catchment area in terms of schools of different
levels where student teachers can be exposed to demonstration lessons and
undertake practice teaching. A training institution which has a demonstration
school where innovative and experimental approaches can be demonstrated could
be given preference."
In St. John Teachers Training Institute, the validity of the Regulations,
particularly clauses (e) & (f) of Regulation 5 came to be challenged. It
was contended that the provision for submitting an application for recognition
with NOC issued by the State Government or Union Territory in which the
institution was situated was invalid and ultra vires. It was argued that
Section 14 of the Act mandates NCTE to grant recognition if it is satisfied
that the institution making an application for the grant of recognition has
fulfilled the necessary requirements laid down in the said section. Clauses (e)
and (f) of Regulation 5, however, insisted the institution to obtain NOC from
the State Government/Union Territory which was wholly outside the provisions of
the Act. State Government/Union Territory was totally alien so far as the
recognition was concerned and by insisting NOC from State Government / Union
Territory, NCTE has created a parallel body unknown to the law and hence,
clauses (e) and (f) of Regulation 5 were liable to be struck down declaring
them to be ultra vires.
NCTE filed a counter-affidavit and supported the Government contending that its
action of taking assistance from the State Government / Union Territory could
not be held illegal or ultra vires. It was conceded that sub-section (3) of
Section 14 imposed duty upon Regional Committees of NCTE to be satisfied about
fulfillment of necessary conditions and grant of recognition of an institution
which had made an application. The said provision, however, required the
institution to have adequate financial resources, accommodation, library,
qualified staff, laboratory, etc. for proper functioning of the institution for
a course or training in teacher education. It was then stated that there were
only four Regional Committees in the whole country and hence each Regional
Committee had to deal with application for grant of recognition from more than
one State. It was, therefore, not only difficult but almost impossible for the
Regional Committee to obtain complete particulars and full details of financial
resources, accommodation, library etc. of the institutions applying for
recognition. Again, the institution might have been located in the interior
part of a district or at a remote place of the State. It was, thus, a Herculean
task for the Regional Committee to perform and to undertake the exercise and it
was necessary to depend upon some other agency or body for such information. It
was thought that the State Government / Union Territory in which the
institution was situated would be in a better position to supply such
information so as to enable the regional committee to effectively exercise
powers in consonance with law. It was, therefore, made incumbent upon the
institution to apply for NOC from the State Government / Union Territory
concerned. The Regulations thus facilitated the job of the Regional Committee
in discharging their statutory duties and responsibilities.
It was contended by the petitioners before this Court that there were no
guidelines for the State Government / Union Territory for grant of NOC and it
was open to such authority to grant or refuse NOC on wholly irrelevant
considerations. The Court, however, referred to the affidavit filed by the
State and perused the relevant Guidelines which ought to be considered for the
grant of NOC and held that the State Government / Union Territory would confine
to matters enumerated in those Guidelines. The Court observed:
"A perusal of the guidelines would show that while considering an
application for grant of an NOC the State Government or the Union Territory has
to confine itself to the matters enumerate 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 specialties like computer
education, use of electronic media etc. and also for specialty 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 to 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 an NOC, is an
arbitrary or unchannelled 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 an 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 an 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 an NOC from the State Government or the
Union Territory are ultra vires or invalid."
Though it was urged that blanket power had been conferred on NCTE and there was
abdication of essential function by NCTE in favour of State Government / Union
Territory, the contention was negatived observing that the function performed
by the State Government / Union Territory was more in the nature of collection
of data and material. Referring to Regulation 6 as amended in 2002, the Court
negatived the contentions and observed: "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." The Court, however, held that the State
Government must exercise power within "reasonable time". It was
indicated that if the State Government would not take a decision within that
period, it would defeat the right of the institution to have its application
considered by the regional committee of NCTE. It was, therefore, proper for the
Council to frame appropriate Regulation for fixing time limit within which a
decision should be taken by the State Government on the application made by the
institution for grant of NOC. In absence of such regulation and fixing of time
limit, the Court held that such decision should be taken by the State
Government / Union territory within "four months" failing which NOC
would be deemed to have been granted. It may be stated that after the decision
in St. John Teacher Training Institute, the Regulations have been amended in
2003 and now the period has been prescribed as six months. Mr. Andhyarujina
strongly relied upon the above decision and submitted that the point is finally
concluded in the above case and once the action has been taken by the State
Government in pursuance of the Regulations framed by NCTE which were held intra
vires and constitutional, the decision of the State Government cannot be
ignored or overlooked by NCTE and is binding upon it. According to the learned
counsel, the Cabinet Sub-Committee took into account relevant circumstances and
decided not to grant NOC. The said decision cannot be held bad and NCTE cannot
grant recognition to colleges to which NOC had not been granted by the State
Government.
We may, however, state that NCTE and contesting respondents are right in
relying upon a decision of this Court in Adhiyaman, referred to earlier. In
Adhiyaman, this Court was called upon to consider the constitutional validity
of some of the provisions of the Tamil Nadu Private Colleges (Regulation) Act,
1976 and the Rules made thereunder as also the Madras University Act, 1923 and
the Rules made thereunder. It was contended that certain provisions of the
State Acts were inconsistent with the provisions of the Central Act (All India Council for Technical Education Act, 1987) and
hence were inoperative. This Court upheld the contention of the petitioners and
ruled that State Legislature could not enforce an Act if it is inconsistent with
the Central Act and to the extent of such inconsistency, the Central Act would
operate and State Acts would be inoperative.
It is, no doubt, true that in that case, this Court considered the provisions
of the Technical Education Act, 1987 but the provisions of that Act are almost
similar to the provisions of 1993 Act with which we are concerned. The Preamble
of the said Act is also similar to the one with which we are concerned and
reads thus:
"An Act to provide for the establishment of an All India Council for
Technical Education with a view to the proper planning and co-ordinaed
development of the technical education system throughout the country, the
promotion of qualitative improvements of such education in relation to planned
quantitative growth and the regulation and proper maintenance of norms and
standards in the technical education system and for matters connected
therewith."
The Court considered the relevant provisions of the Constitution read with
Lists I, II and III of Schedule VII and held that the subject of technical
education rested with Parliament as it was covered by Entry 66 of List I of
Schedule VII and it was not covered by List II or List III. Accordingly, it was
held that if an Act of State Legislature was inconsistent with the provisions
of an Act of Parliament, to the extent of such inconsistency, it would be
inoperative.
Referring to the Preamble of the Act, the Court stated;
"The Preamble of the Central Act states that it has been enacted to
provide for the establishment of an All India Council for Technical Education
with a view to (i) proper planning and coordinated development of the technical
education system throughout the country, (ii) promotion of qualitative
improvement of such education in relation to planned quantitative growth, (iii)
regulation and proper maintenance of norms and standards in the technical
education system, and (iv) for matters connected therewith."
In that case, the State Government granted permission to the petitioner Trust
to start new Engineering College subject to fulfillment of certain conditions.
Temporary affiliation was also granted by the University and the college
started functioning from July, 1987. In 1989, a show cause notice was issued by
the State on the basis of the report of High Power Committee that the Trust had
not fulfilled the conditions imposed on it and as to why permission should not
be withdrawn. University also issued a similar notice calling upon the Trust to
show cause why affiliation should not be cancelled. The Trust, hence,
approached the High Court by filing a petition under Article 226 of the
Constitution contending inter alia that after passing of the Central Act,
neither the State Government nor the University had power, authority or
jurisdiction to take any action and the only power the State had was to refer
the matter to the All India Council of Technical Education since the duty was
imposed on the Council for recognizing or derecognizing any technical
institution in the country. The contention was upheld by the High Court. When
the matter came up before this Court at the instance of the State Government,
the Court observed that the larger question involved in the case was the
conflict between the Central Act on the one hand and the State Acts on the
other. Then considering the relevant provisions of the Constitution and the
Central Act and State Acts, the Court stated:
"The aforesaid provisions of the Act including its preamble make it
abundantly clear that the Council has been established under the Act for coordinated
and integrated development of the technical education system at all levels
throughout the country and is enjoined to promote qualitative improvement of
such education in relation to planned quantitative growth. The Council is also
required to regulate and ensure proper maintenance of norms and standards in
the technical education system. The Council is further to evolve suitable
performance appraisal system incorporating such norms and mechanisms in
enforcing their accountability. It is also required to provide guidelines for
admission of students and has power to withhold or discontinue grants and to
de-recognise the institutions where norms and standards laid down by it and
directions given by it from time to time are not followed. This duty and responsibility
cast on the Council implies that the norms and standards to be set should be
such as would prevent a lopsided or an isolated development of technical
education in the country. For this purpose, the norms and standards to be
prescribed for the technical education have to be such as would on the one hand
ensure development of technical education system in all parts of the country
uniformly; that there will be coordination in the technical education and the
education imparted in various parts of the country and will be capable of being
integrated in one system; that there will be sufficient number of technically
educated individuals and that their growth would be in a planned manner; and
that all institutions in the country are in a position to properly maintain the
norms and standards that may be prescribed by the Council. The norms and
standards have, therefore, to be reasonable and ideal and at the same time,
adaptable, attainable and maintainable by institutions throughout the country
to ensure both quantitative and qualitative growth of the technically qualified
personnel to meet the needs of the country. Since the standards have to be laid
down on a national level, they have necessarily to be uniform throughout the
country without which the coordinated and integrated development of the
technical education all over the country will not be possible which will defeat
one of the main objects of the statute. This country as is well known, consists
of regions and population which are at different levels of progress and
development or to put it differently, at differing levels of backwardness. This
is not on account of any physical or intellectual deficiency but for want of
opportunities to develop and contribute to the total good of the country. Unnecessarily
high norms or standards, say for admission to the educational institutions or
to pass the examinations, may not only deprive a vast majority of the people of
the benefit of the education and the qualification, but would also result in
concentrating technical education in the hands of the affluent and elite few
and in depriving the country of a large number of otherwise deserving technical
personnel. It is necessary to bear this aspect of the norms and standards to be
prescribed in mind, for a major debate before us centred around the right of
the States to prescribe standards higher than the one laid down by the Council.
What is further necessary to remember is that the Council has on it
representatives not only of the States but also for the State Universities.
They have, therefore, a say in the matter of laying down the norms and
standards which may be prescribed by the Council for such education from time
to time. The Council has further the Regional Committees, at present, at least,
in four major geographical zones and the constitution and functions of the
Committees are to be prescribed by the regulations to be made by the Council.
Since the Council has the representation of the States and the professional
bodies on it which have also representation from different States and regions,
they have a say in the constitution and functions of these Committees as well.
What is further important to note is that the subject covered by this statute
is fairly within the scope of Entry 66 of List I and Entry 25 of List III.
Further, these regulations along with other regulations made by the Council and
the rules to be made by the Central Government under the Act are to be laid
before Parliament. Hence, on the subjects covered by this statute, the State
could not make a law under entry 11 of List II prior to Forty-second Amendment
nor can it make a law under Entry 25 of List III after the Forty-second
Amendment. If there was any such existing law immediately before the
commencement of the Constitution within the meaning of Article 372 of the
Constitution, as the Madras University Act, 1923, on the enactment of the
present Central Act, the provisions of the said law if repugnant to the
provisions of the Central Act would stand impliedly repealed to the extent of repugnancy.
Such repugnancy would have to be adjudged on the basis of the tests which are
applied for adjudging repugnancy under Article 254 of the
Constitution." (emphasis supplied)
The Court then considered the provisions of the State Law and concluded;
"The provisions of the State Act enumerated above show that if it is
made applicable to the technical institutions, it will overlap and will be in
conflict with the provisions of the Central Act in various areas and, in
particular, in the matter of allocation and disbursal of grants, formulation of
schemes for initial and in-service training of teachers and continuing
education of teachers, laying down norms and standards for courses, physical
and institutional facilities, staff pattern, staff qualifications, quality
instruction assessment and examinations, fixing norms and guidelines for
charging tuition and other fees, granting approval for starting new technical
institutions and for introduction of new courses or programmes, taking steps to
prevent commercialization of technical education, inspection of technical
institutions, withholding or discontinuing grants in respect of courses and
taking such other steps as may be necessary for ensuring compliance of the
directions of the Council, declaring technical institutions at various levels
and types fit to receive grants, the constitution of the Council and its
Executive Committee and the Regional Committees to carry out the functions
under the Central Act, the compliance by the Council of the directions issued
by the Central Government on questions of policy etc. which matters are covered
by the Central Act. What is further, the primary object of the Central Act, as
discussed earlier, is to provide for the establishment of an All India Council
for Technical Education with a view, among others, to plan and coordinate the
development of technical education system throughout the country and to promote
the qualitative improvement of such education and to regulate and properly
maintain the norms and standards in the technical education system which is
subject within the exclusive legislative field of the Central Government as is
clear from Entry 66 of the Union List in the Seventh Schedule. All the other
provisions of the Act have been made in furtherance of the said objectives.
They can also be deemed to have been enacted under Entry 25 of List III. This
being so, the provisions of the State Act which impinge upon the provisions of
the Central Act are void and, therefore, unenforceable. It is for these reasons
that the appointment of the High Power Committee by the State Government to
inspect the respondent-Trust was void as has been rightly held by the High
Court."
The same principle was applied to University Act and the Court held that after
coming into operation of the Central Act, the operation of the University Act
would be deemed to have become unenforceable in case of technical colleges. It
was observed that the provisions of the University Acts regarding affiliation
of technical colleges and the conditions for grant of continuation of such
affiliations by the University would remain operative but the conditions that
are prescribed by the University for grant and continuance of affiliation must
be in conformity with the norms and guidelines prescribed by the Council. The
Court then considered the argument put forward on behalf of the State that
while it would be open for the Council to lay down minimum standards and
requirements, it did not preclude the State from prescribing higher standards
and requirements. Negativing the contention, the Court quoted with approval the
following observations of B.N. Rau, J. in G.P. Stuart v. B.K. Roy Chaudhury
1939 AIR(Cal) 628: 43 Cal W.N 913); "It is sometimes said that two
laws cannot be said to be properly repugnant unless there is a direct conflict
between them, as when one says "do" and the other "don't",
there is no true repugnancy, according to this view, if it is possible to obey
both the laws. For reasons which we shall set forth presently, we think that
this is too narrow a test; there may well be cases of repugnancy where both
laws say "don't" but in different ways. For example, one lay may say
"No person shall sell liquor by retail, that is, in quantities of less
than five gallons at a time" and another law may say, "No person
shall sell liquor by retail, that is, in quantities of less than ten gallons at
a time." Here, it is obviously possible to obey both laws, by obeying the
more stringent of the two, namely the second one; yet it is equally obvious
that the two laws are repugnant, for to the extent to which a citizen is
compelled to obey one of them, the other, though not actually disobeyed, is
nullified."
Reference was also made to a decision of this Court in Jaya Gokul Educational Trust. Relying on Adhiyaman and reiterating the principle laid down therein, the Court there held that once the field was occupied by an Act of Parliament, State Legislature could not have made a statute inconsistent with the provisions of Central Legislation. The Court, therefore, held that even if there was a State Law which required something to be done for the approval of the State Government for establishing a technical institution, such law, if it is inconsistent or repugnant with the Central Law, it would be "void" to the extent of repugnancy to the Act of Parliament. In that case also, like here, the State Government sought to support its action of not permitting new Engineering College to be established on the ground of 'policy'. It was stated by the State of Kerala that it would not permit establishment of any more Engineering Colleges in the State in view of large number of already existing colleges bearing in mind the interest of the students and the employment condition. Relying on Adhiyaman, it was observed that the so called 'policy' of the State Government as mentioned in the counter-affidavit filed by the State, could not be made a ground for refusing approval. The Court held that 'essentiality certificate' cannot be withheld by the State Government on any 'policy consideration' because the policy in the matter of establishment of a new college rested essentially with the Central Government. The Court Stated:
"Therefore, the State could not have any 'policy' outside the AICTE Act
and indeed if it had a policy, it should have placed the same before AICTE and
that too before the latter granted permission. Once that procedure laid down in
the AICTE Act and Regulations had ben followed under Regulation 8(4), and the
Central Task Force had also given its favourable recommendations, there was no
scope for any further objection or approval by the State. We may however add
that if thereafter, any fresh facts came to light after an approval was granted
by AICTE or if the State felt that some conditions attached to the permission and
required by AICTE to be complied with, were not complied with, then the State
Government could always write to AICTE, to enable the latter to take
appropriate action." (emphasis supplied)
Our attention was also invited to Thirumuruga Kirupananda Variyar Thavathiru
Sundara Swamigal Medical Educational & Charitable Trust v. State of Tamil
Nadu & Others, : . There the question was of repugnancy
between the provisions of the Indian Medical Council Act,
1956
"No college shall be affiliated to the University unless the permission
of the Government to establish such college has been obtained".
In the light of the proviso to sub-section (5) of Section 5 of the State Act,
it was contended by the State Government that unless permission of the
Government to establish medical college had been obtained from the State
Government, no medical college could be opened, even if such permission was
granted by the Medical Council under the Central Act. In that case too, the
State Government refused to grant permission to any private Trust to establish
medical college by exercising power under the State Act, on the ground that it
was the policy of the Government not to permit a private Trust or Management to
start medical/dental college. Relying on proviso to sub-section (5) of Section
5 of the State Act, it was urged on behalf of the State Government that the
action taken by the State Government was legal, valid and in accordance with
law and an institution cannot make any grievance against the State Government.
The Court thus was called upon to consider the question as to which Act would
pevail. Whereas the Central Act conferred power on the Central Government on
the basis of the recommendation made by the Medical Council of India to open a
new medical college, the State Act required the permission of the State
Government by enacting that no college shall be affiliated to the University
unless such permission is granted by the State Government. Referring to the
relevant provisions of the Constitution, of both the Acts and the relevant case
law on the point, this Court observed that the question which had arisen before
the Court was as to the role of the State Government in the matter of
establishment of a medical college. Interpreting the statutory provisions, this
Court held that by enacting Section 10A, Parliament had made "a complete
and exhaustive provision covering the entire field for establishment of new
medical college in the country". No further scope is left for the
operation of the State Legislation in the said field which was fully covered by
the law made by Parliament. The Court, therefore, held that the proviso to
sub-section (5) of Section 5 of the State Act which required prior permission
of the State Government for establishing a medical college was repugnant to
Section 10A of the Central Act and to the extent of repugnancy, the State Act
would not operate. The Court noted that in the scheme that had been prepared
under the Regulations for the establishment of new medical colleges, one of the
conditions for the qualifying criteria laid down was 'essentiality certificate'
regarding desirability and of having the proposed college at the proposed
location which should be obtained from the State Government. Proviso to sub-
section (5) of Section 5 of the Act, therefore, must be construed only as
regards "proposed location". The 'essentiality certificate', however,
could not be withheld by the State Government on any 'policy consideration'
inasmuch as the policy and the matter of establishment of new medical college
rested with the Central Government alone. From the above decisions, in our
judgment, the law appears to be very well settled. So far as co-ordination and
determination of standards in institutions for higher education or research,
scientific and technical institutions are concerned, the subject is exclusively
covered by Entry 66 of List I of Schedule VII to the Constitution and State has
no power to encroach upon the legislative power of Parliament. It is only when
the subject is covered by Entry 25 of List III of Schedule VII to the
Constitution that there is a concurrent power of Parliament as well as State
Legislatures and appropriate Act can be by the State Legislature subject to
limitations and restrictions under the Constitution. In the instant case,
admittedly, Parliament has enacted 1993 Act, which is in force. The Preamble of
the Act provides for establishment of National Council for Teacher Education
(NCTE) 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. With a view to achieving that object, National
Council for Teacher Education has been established at four places by the
Central Government. It is thus clear that the field is fully and completely
occupied by an Act of Parliament and covered by Entry 66 of List I of Schedule
VII. It is, therefore, not open to the State Legislature to encroach upon the said
field. Parliament alone could have exercised the power by making
appropriate law. In the circumstances, it is not open to State Government to
refuse permission relying on a State Act or on 'policy consideration'. Even
otherwise, in our opinion, the High Court was fully justified in negativing the
argument of the State Government that no permission could be refused by the
State Government on 'policy consideration'. As already observed earlier, policy
consideration was negatived by this Court in Thirumuruga Kirupananda Trust, as
also in Jaya Gokul Educational Trust.
It is true that during the
pendency of St. John's Teachers Training Institute, NCTE framed regulations
called the NCTE (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. Regulation 6 required production of 'No Objection
Certificate' from the State Government/Union Territory. Clause (1) thereof read
thus;
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 Certification (NOC) from the State or Union
Territory in which the institution is located. (emphasis supplied)
(ii) to (vii) ..............
The above Regulations came into force from November 13, 2002 and they insisted
that application should be accompanied by NOC from the State Government/Union
Territory in which the institution is located.
In view of the fact, however, that according to us, the final authority lies with NCTE and we are supported in taking that view by various decisions of this Court, NCTE cannot be deprived of its authority or power in taking an appropriate decision under the Act irrespective of absence of No Objection Certificate by the State Government/Union Territory. Absence or non-production of NOC by the institution, therefore, was immaterial and irrelevant so far as the power of NCTE is concerned. At the time of hearing, our attention was invited by the learned counsel for the contesting respondents to Perspective Plan 2003-07 published by the National Council for Teacher Education, New Delhi. It was, inter alia, observed as under:
"In the 10th Plan Central Scheme on Teacher Education, it has been
estimated that the country will need additional 4, 58, 000 primary school
teacher sand additional 6, 08, 857 upper primary school teachers. Therefore,
the requirements of the professionally qualified teachers have to be met by
increasing opportunities of pre-service elementary education based on manpower
planning of teachers for each State/Union Territory. For improving the quality
of teacher education, the curriculum of pre-service programmes has to be
renewed for making it relevant to the objectives of education and the
directions contained in the Constitution. Above all, professional competence o
teacher educators will have to be developed through in-service programmes and
by introducing different M.Ed. courses with focus on pre-service education of
stage-specific school education. It is planned to institute a National
Eligibility Test for Teacher Educators based on skills and competencies
required for the teaching profession."
Reference was also made to "Department of Secondary and Higher
Education" published by the Government of India on January 25, 2006. The
compilation relates to Secondary Education, Adult Education, Technical
Education, Higher Education etc. In introduction, it has been stated :
"The Secondary Education which serves as a bridge between primary and
higher education is expected to prepare young persons between the age group
14-18 in the world of work and entry into higher education. The Secondary
Education starts with classes 9-10 leading to higher secondary classes 11 and
12. The relevant children population at the secondary and senior secondary
level, as projected in 1996-97 by NSSO has been estimated at 9.66 crores.
Against this population, the enrolment figures of the 1997-98 shows that only
2.70 crores attending schools. Thus, two-third of the eligible population
remains out of the school system. To accommodate the children in schools at
secondary level, we have at present 1.10 lakhs institutions (1998-99). With the
emphasis on universalisation of elementary education and programmes like
District Primary Education Programme, the enrolment is bound to increase and
once this happens, we may require more than two lakhs institutions at the
secondary level to accommodate them."
The counsel also referred to the "Annual Report : 2004-05" prepared
by the Department of Elementary Education and Literacy, Department of Secondary
and Higher Education, Ministry of Human Resource Development, Government of
India. In the 'Planning', it was stated: "Planning
The National Policy on Education, 1986, as modified in 1992 envisages the
improvement and expansion of education in all sectors, elimination of
disparities in access and laying greater stress on improvement in the quality
and relevance of education at all levels, including technical and professional
education. It also emphasizes that education must play a positive and
interventionist role in correcting social and regional imbalance, empowering
women and in securing a rightful place for the disadvantaged and the
Minorities.
The nation is firmly committed to providing Education for all, the priority
areas being free and compulsory primary education, covering children with
special needs, eradication of illiteracy, vocationalisation, education for
women's equality, and special focus on the education of SCs/STs and the
Minorities.
The Central Avisory Board of Education (CABE), the highest advisory body to
advise the Central and State governments in the field of education, was established
in 1920 and dissolved in 1923 as a measure of economy. It was revived in 1935
and the tenure of the last constituted Central Advisory Board of Education
(CABE) expired in March 1994. Despite the fact that in the past important
decisions had been taken on the advice of CABE and it had provided a forum for
widespread consultation and examination of issues relating to educational and
cultural development, CABE was unfortunately not reconstituted after the expiry
of its extended tenure in March 1994. Considering that CABE has a particularly
important role to play at the present juncture in view of the significant socio
economic and socio-cultural developments taking place in the country, and that
the Central and State Governments, educationists and people representing all
interests should increase their interaction and evolve a participative process
of decision-making in education, CABE has since been reconstituted by the
Government in July 2004. The Board consists of nominated members representing
various interests in addition to representatives of the Government of India,
State Governments and UT administrations, elected members form the Lok Sabha
and the Rajya Sabha, etc. The first meeting of the reconstituted CABE was held
on August 10-11, 2004, and seven CABE Committees have been set up on the
subjects of:
i) Free and Compulsory Education Bill and other issues related to Elementary
Education
ii) Girls Education and the Common School System
(iii) Universalisation of Secondary Education
(iv) Autonomy of Higher Education Institutions
(v) Integration of Culture Education in the School Curriculum
(vi) Regulatory Mechanism for Text Books and Parallel Text Books taught in
Schools Outside the Government system
(vii) Financing of Higher and Technical Education
A meeting of the Education Ministers of all States/UTs dealing with school
education was held on October 28, 2004, at Vigyan Bhawan under the chairmanship
of the Minister of Human Resource Development.
In order to facilitate donations, including smaller amounts, both from India and abroad, for implementing projects/programmes connected with the education sector, the Government had constituted the "Bharat Shiksha Kosh" to receive donations/ contributions/endowments, from individuals and corporates, Central and State Governments, non-resident Indians and people of Indian origin for various activities across all sectors of education.
An Ordinance was promulgated on November 11, 2004, to enable setting up of a National Commission for Minority Educational Institutions to advise the Central Government or any State Government on any question regarding the education of Minorities, to look into complaints regarding violation of the rights of the Minorities, to establish and administer educational institutions of their choice and to permit a Minority educational institution to seek direct affiliation with a scheduled Central University. The Commission has started functioning with a Chairman and two Members."
'Teacher Education' has been dealt with thus;
"Teacher Education The Centrally Sponsored Scheme of Teacher Education
was launched in 1987-88 to create an institutional infrastructure to provide
academic and technical resource support for continuous education and training
of school teachers. While District Institutes of Education and Training (DIETs)
set up under the Scheme provide academic resource support to formal and non-
formal elementary school teachers, Colleges of Teacher Education (CTEs) and
Institutes of Advanced Study in Education (IASEs) have been given the
responsibility of organizing pre- service and in-service training of secondary
school teachers. IASEs are also expected to conduct programmes for the
preparation of elementary school teacher educators.
The Scheme has been revised for the Tenth Plan and guidelines of the revised
Scheme were issued to States in January 2004, with emphasis on operationalising
sanctioned DIETs, CTEs and IASEs in an optimum manner, and on improving the
quality of teacher training programmes in them. Since the inception of the
Scheme in 1987-88, a total of 550 DIETs/DRCs and 131 CTEs/IASEs have been
sanctioned/approved up to December 2004."
About 'Secondary Education', the Report states:
"Secondary Education
During the year, various schemes were implemented in the secondary education sector in addition to the continued support to major institutions such as the NCERT, NIOS, and CBSE.
There has been a substantial increase in quality and magnitude of the academic activities
of the Central Board of Secondary Education. During the year, CBSE introduced a
course in Disaster Management in the school curriculum. A new course in Life
Skills Education was launched in classes VI and VII. It has also launched a new
course in Fashion Studies. In collaboration with Intel India, CBSE organized
the first science exhibition to evoke the interest of students in science.
The NIOS organized an international conference on promotion of Open Schooling in
Goa. Countries like Sri Lanka, New Zealand, Canada and UK participated in it.
During 2004-05, several new courses were introduced and many video films on
vocational education were completed. The NIOS has also developed audio and
video programmes based on the curriculum in science, mathematics, etc.
Support to Sarva Shiksha Abhiyan, Vocational Education, Education of the
Disadvantaged groups, Evolution of text books and examination reforms are
priority areas of NCERT.
Kendriya Vidyalaya (KVs) aim at providing uninterrupted education to children
of Central Government/Defence employees, who are liable to frequent transfers.
In 933 KVs, 7.50 lakh students have been enrolled (as on March 31, 2004). KVs
have shown steady improvement in the performance of its students in board
examinations. This is evident from the increase of pass percentage from 84.69
per cent to 99.44 per cent for Class X and 88.67 per cent to 92.75 per cent for
Class XII during 1999 to 2004.
Jawahar Navodaya Vidyalayas aim at providing good quality modern education,
including imparting cultural values, environment awareness and physical
education to talented children in rural areas, irrespective of their
socio-economic conditions. There are now 509 schools in various States/UTs and
1, 68, 545 students were on the rolls of the NVs as on December 31, 2004. The
pass percentage in Class X and XII in the year 2004 was 91.3 per cent and 87.68
per cent, respectively, when compared with the pass percentage of 88.50 per
cent and 85.26 per cent in 2003.
The Integrated Education for Disabled Children (IEDC) scheme, started in 1974,
provides 100 per cent funding to State Governments/UTs and NGOs. The scheme is
proposed to be revised soon. Under the scheme of Access with Equity, two
components strengthening of existing scheme of girl's hostels managed by NGOs
and one-time assistance to reputed NGOs, Trusts, Societies and State
Governments, etc., for setting up Secondary Schools are proposed. The scheme is
therefore, being revised. The two schemes of Computer Literacy and Studies in
Schools (CLASS) and Educational Technology have been merged I order to increase
the effectiveness of the activities For the Tenth Plan, five schemes, namely,
Environmental Orientation to School Education, Improvement of Science Education
in School, National Population Education Project, Promotion of Yoga in School,
International Science Olympiad are being merged into a composite scheme of
Quality Improvement in Schools."
It is thus clear that the Central Government has considered the subject of
Secondary Education and Higher Education at the national level. The Act of 1993
also requires Parliament to consider Teacher Education System 'throughout the
country'. NCTE, therefore, in our opinion, is expected to deal with applications
for establishing new B.Ed. colleges or allowing increase in intake capacity,
keeping in view 1993 Act and planned and co-ordinated development of
teacher-education system in the country. It is neither open to the State
Government nor to a University to consider the local conditions or apply 'State
policy' to refuse such permission. In fact, as held by this Court in cases
referred to hereinabove, State Government has no power to reject the prayer of
an institution or to overrule the decision of NCTE. The action of the State
Government, therefore, was contrary to law and has rightly been set aside by
the High Court. The decision relied on by Mr. T.R. Andhyarujina in
Vidharbha Sikshan Vyawasthapak Mahasangh v. State of Maharashtra & Others,
(distinguished), has no application to the facts of the case. In that
case, the power was with the State Government to grant or refuse permission to
open B.Ed. college. Considering the fact that if permission would be granted,
there would be a large scale unemployment, it was decided by the State
Government not to allow new D.Ed. colleges to be opened. It was held by this
Court that such policy decision could not be said to be arbitrary or otherwise
unreasonable. The Court in that case was not concerned with the power or authority
of State Government vis-'-vis Central Government and Act of Parliament. In the
present case, as the field was fully occupied by Entry 66 of List I of Schedule
VII to the Constitution and Parliament has enacted 1993 Act, it was not open to
the State Legislature to exercise power by making an enactment. Such enactment,
as per decisions of this Court, would be void and inoperative. It would be
unthinkable that if State Legislature could not have encroached upon a field
occupied by Parliament, it could still exercise power by executive fiat by
refusing permission under the 'policy consideration'. The contention of
the State Government, therefore, has to be negatived. We may state at this
stage that the contesting respondents have placed heavy reliance on Section 12
of the Act which relates to functions of the Council and submitted that it is
incumbent on the Council to lay down norms and guidelines for ensuring planned
and co-ordinated development of the teacher education and it is not open to the
Council to delegate those 'essential functions' to the State Government.
According to them, such delegation would be excessive and impermissible and
abdication of power by the Council in favour of the State Government which is
inconsistent with the provisions of the parent Act and must be held ultra
vires. In reply, Mr. Andhyarujuna submitted that the constitutional validity of
the Regulations or Guidelines had not been challenged before the High Court and
the respondents now cannot be permitted to raise such point in this Court in
the absence of the challenge. The respondents, however, urged that since they
succeeded before the High Court on other points, it was not necessary for them
to challenge the vires of Regulations. But when the State had approached this
Court, they can support the judgment on any ground available to them including
unconstitutionality of Regulations and Guidelines. In our opinion, it is not
necessary to enter into larger question since we are satisfied that in the
facts and circumstances of the case, the High Court was justified in allowing
the petitions filed by the colleges and setting aside the order dated December
28, 2004 passed by the State Government and also in dismissing the petition
filed by the State holding that the order of the State was not legal. We may,
however, observe that the learned counsel for NCTE, Mr. Raju Ramachandran is
right in submitting that the Guidelines permitted the State Government to
collect necessary data and materials and make them available to NCTE so as to
enable NCTE to take an appropriate decision. In accordance with the provisions
of 1993 Act, final decision can be taken only by NCTE and once a decision is
taken by NCTE, it has to be implemented by all authorities in the light of the
provisions of the Act and the law declared by this Court. It has been so held
in St. John Teachers training Institute.
The learned counsel for the respondents are also right in relying upon the
provisions of Articles 19 and 21A of the Constitution. Under clause (g) of Article
19(1), all citizens have the right to practise any profession, or to carry on
any occupation, trade or business, unless they are restrained by imposing
reasonable restrictions under Article 19(6). In the instant case, applications
had been made by colleges to NCTE under 1993 Act and after complying with the
provisions of the Act, permission was granted by NCTE. The State thereafter
could not have interfered with the said decision. It is also clear that Article
21A would cover primary as well as secondary education and petitioners could
claim benefit of Part III of the Constitution as well. The respondents have
stated that they have spent huge amount and incurred substantial expenditure on
infrastructure, library, staff, etc. and after satisfying about the necessary
requirements of law, permission had been granted by the NCTE. If the said
action is set aside on the basis of the decision of the State Government,
irreparable loss will be caused to them. Since in our view, the order passed
and action taken by NCTE cannot be termed illegal or unlawful and the State
Government could not have passed the impugned order refusing permission on the
ground of so called 'policy' of not allowing new B.Ed. college to be opened, it
is not necessary for us to delve into further the said contention.
Before parting with the matter, we may state that at one stage, the High Court
has observed that "in so far as the University is concerned,
considering the provisions of Section 15 of the NCTE Act, once permission has
been granted under Section 14, the University is bound to grant affiliation in
terms of the Act, Rules and Statutes. Section 83 requires the University to
grant affiliation only after permission is granted under Section 82 of the
Maharashtra University Act. To that extent the provisions of Section 82 and 83
are inconsistent with the provisions of NCTE Act and are null and
void"." $ (emphasis supplied)
In our opinion, the observations that the provisions of Sections 82 and 83 of the Maharashtra University Act are "null and void" could not be said to be correct. To
us, it appears that what the High Court wanted to convey was that the provisions of Sections 82 and 83 would not apply to an institution covered by 1993 Act. As per the scheme of the Act, once recognition has been granted by NCTE under Section 14(6) of the Act , every university ('examining body') is obliged to grant affiliation to such institution and sections 82 and 83 of the University Act do not apply to such cases.
Since we have decided the matters on merits, we have not dealt with preliminary
objection raised by the colleges that the State cannot be said to be 'person
aggrieved' and, therefore, has no locus standi to challenge the decision of
NCTE.
We may, however, state that the academic year 2005- 06 is almost over and as such it is not possible to grant the prayer of respondent-colleges to allow them to admit students for the year 2005-06. It is, therefore, directed that the order passed by NCTE would operate from the next academic year, i.e. from the year 2006-07. For the foregoing reasons, all the appeals filed by the State are liable to be dismissed and are accordingly dismissed with costs. Interim stay granted earlier is hereby vacated.