Johns Teachers Training Institute Vs. Regional Director, National Council for
Teacher Education  Insc 66 (7 February 2003)
S Rajendra Babu, D.M. Dharmadhikari & G.P.
out of SLP No.2421 of 2001) With Civil Appeal Nos. ___ of 2003 (Arising out of
S.L.P (C) Nos.10351/2002, 10434/2002, 10760/2001, 10804-10805/2001, 10870/2001,
1386/2002, 1387/2002, 17761/2001, 17762/2001, 20419-20421/2002,
20818-20819/2002, 20879/2002, 20904-20905/2002, 20906-20907/2002, 20922/2001,
20924/2001, 20925/2001, 20927/2001, 21207/2002, 21208/2002, 2702/2001,
3972/2002, 3974/2002) WP (C) Nos.522/2002, 553/2002, 554/2002, 555/2002,
556/2002, 557/2002, 558/2002, 559/2002, 562/2002, 566/2002, 591/2002, 592/2002,
593/2002, 594/2002, 595/2002, 596/2002, 598/2002, 599/2002, 602/2002, 613/2002,
614/2002, 615/2002 and Civil Appeal Nos.____________________/2003 (Arising out
of SLP(C) Nos.6996/2002, 7010/2002, 7046/2002, 7178/2001, 7783/2002, 8962/2002,
9812/2001, 24829-24830/2002, 28/2003, 15/2003 and 501/2003) G.P. MATHUR,J.
question which requires consideration in this bunch of special leave petitions
and writ petitions is whether Regulations 5 (e) and (f) framed by National
Council for Teachers Education (hereinafter referred to as 'the Council') are
ultra vires the provisions of National Council for Teacher Education Act, 1993
(hereinafter referred to as 'the Act').
will briefly refer to the facts of SLP No. 2421 of 2001 which is the leading
case. The appellant claims to be a Christian Minority Teacher Training
Institute and is run and managed by the Tamilnadu Educational Trust which is
engaged in the field of education since 1989. The petitioner made an
application to the Regional Director, National Council for Teacher Education
(Southern Committee) Bangalore, seeking permission for starting a
course in Elementary Education Training in the year 1999-2000. The respondents
sent a letter dated August
18, 1999 stating that
unless the State Government issued a "No Objection Certificate"
(hereinafter referred as 'NOC') the application of the petitioner shall be
treated as incomplete and shall not be considered. The petitioner then filed a
writ petition before the High Court of Karnataka praying that a writ of
certiorari be issued for quashing the order dated August 18, 1999 issued by
Regional Committee and further that Regulations 5(e) and (f) in so far as they
direct obtaining of a NOC from the State Government be struck down as
unconstitutional and a direction be issued to the Regional Director to consider
the application of the appellant without insisting upon a NOC from the State
Government. A Single Judge of the Karnataka High Court had held that
Regulations 5 (e) and (f) were ultra vires in another matter and against the
said judgment the Council had preferred an appeal before the Division Bench of
the High Court. The writ petition preferred by the appellant was heard along
with the aforesaid appeal. After hearing the parties the Division Bench allowed
the appeal filed by the Council and set aside the order of the learned Single
Judge by which the Regulations were held to be ultra vires and invalid.
the writ petition filed by the appellant was also dismissed.
connected writ petitions have been filed under Article 32 of the Constitution
praying that the Regulations 5(e) and (f) be declared as unconstitutional and
invalid and a direction be issued to the respondents to consider the
application moved by the petitioners for grant of recognition for starting a
teacher training course without insisting upon a NOC from the State Government
as provided in the aforesaid Regulations.
K. Subramanian, learned Senior Counsel appearing for the appellants, has
submitted that Section 14 of the Act lays down that every institution intending
to offer a course or training in teacher education shall make an application to
the Regional Committee concerned and the Regional Committee may pass an order
granting recognition to such institution if it is satisfied that the
institution has adequate financial resources, accommodation, library, qualified
staff, laboratory and that it fulfils such other conditions required for proper
functioning of the institution and this shows that the entire exercise has to
be done by the Regional Committee itself. However, Regulations 5 (e) and (f)
which require obtaining of a NOC from the State Government also confer
jurisdiction on the State Government in the matter of grant of recognition,
which is wholly outside the purview of the Act. It is urged that the Act does
not contemplate any role for the State Government but by insisting for
obtaining a NOC from the State Government or Union Territory in which the
institution is located, the Regulations have created another body to consider
the application moved by an institution for grant of recognition which is not
at all contemplated by the Act. Learned Counsel has submitted that in view of
the express language used in Sub-section (3) of Section 14 of the Act, the
satisfaction is to be that of the Regional Committee alone and no other
authority or body, much less the State Government, can have any say in the
matter which may have a bearing on the satisfaction of the Regional Committee.
It is contended that under the guise of framing the Regulations, the power of
recognition itself has been given to the State Government as in the event a NOC
is not granted by the State Government, the application made to the Regional
Committee is treated as incomplete and is not even considered on merits.
it has been urged that no guidelines have been given in the impugned
Regulations to indicate the circumstances under which a NOC could be granted
and therefore the impugned Regulations are wholly ultra vires and invalid. In
support of his submission learned counsel has placed strong reliance on a
decision of this Court in Kunj Behari Lal Butail & Ors. v. State of H.P. & Ors., 2000 (3) SCC 40.
MN Krishnamani, learned Senior Counsel appearing for the Council has submitted
that having regard to the objects for which the Act has been enacted and the
responsibility cast upon the Regional Committee under Sub-section (3) of
Section 14 of the Act to be satisfied about the matters enumerated therein,
namely, that the institution has adequate financial resources, accommodation,
library, qualified staff, laboratory and that it fulfills other conditions
required for proper functioning of the institution for a course or training in
teacher education, it is not only desirable but also essential for an
institution to obtain a NOC from the concerned State Government or Union
Territory where it is situate. Learned counsel has submitted that there are
only four Regional Committees in the whole country and it is physically not
possible for them to obtain the relevant data which has to be appraised and
considered before grant of recognition and this exercise can only be performed
by the concerned State Government which is in a far better position to do so.
The main purpose of obtaining a NOC from the State Government, it is contended,
is to get the material and data on which the Regional Committee has to be
satisfied before taking a decision on the question of grant of recognition
under Sub- section (3) of Section 14 of the Act and this is more in the nature
of an input.
counsel has also submitted that no arbitrary power has been conferred on the
State Government as the Council has issued guidelines for establishment of
Teachers Training Institutes and introduction of new programmes and the State
Governments are required to consider the matter in the light of the aforesaid
guidelines while giving a NOC. It has thus been urged that as the function to
be performed by the State Government is more in the nature of collection of
relevant facts and material, there is no abdication of responsibility by the
Regional Committee which alone shall pass an order either granting or refusing
recognition to an institution and therefore the impugned Regulations are
perfectly valid and intra vires.
counter-affidavit filed on behalf of the Council it is averred that for long
the need for ensuring certain standards and excellence of education in
teachers' training institutes, and establishing institutes with the high
objectives of training teachers and educationists who have upon them the task
of moulding the future of the nation was being felt. The life-less stereotyped
and dull teaching methods had to be replaced with a system that infuses
dynamism and vibrance in the methods of imparting education. To achieve this it
is necessary that only such institutes which are equipped with all the
necessary inputs to train and produce teachers who are capable of instilling
aesthetic excellence in the life of their pupil be established and permitted to
run the teachers' training course. It was towards this end that the National
Council for Teacher Education came to be established under the Act in the year
1993. In para 6 it is averred that the requirement of a NOC from the State
Government was one of the issues that was deliberated upon by the members of
the Council, including the experts from the field of education and academics.
The State Governments have been assigned an important role in the task of
development and improvement of teacher education and also in the matter for
grant of recognition and permission. The States are also vitally interested in
education and especially the professional courses. It is further averred that
it is only the States which could correctly assess and know the extent of
requirement of trained manpower and the supply of trained teachers keeping in
view retirements, change of occupation etc. The State Government would also
keep a track of number of trained teachers registered with the Employment
Exchanges awaiting employment and the possibility of their deployment in the
near future. It is for this reason that the Council insists on a NOC from the
State Government, both when a fresh institution wants to start teacher training
courses or when the recognised ones want to increase the intake of the students
in the course.
States having trained teachers more than they are able to absorb may not want
to be further burdened while those having shortage of trained teachers may
encourage establishment of more institutions. Therefore, the input from the
State Government by way of a NOC is vital for enabling the Council to discharge
its functions of regulating the standards of teacher education since State
Governments are the principal stakeholders in the field of teacher education.
Without the involvement of the State Governments and availability of this vital
input from the State Governments the Council would be greatly handicapped in
discharging its functions. In para 9 it is averred that surplus of trained
teachers without there being any possibility of absorbing them as teachers
would lead to unnecessary drain on the state economy. In such a situation it
would be wholly unjust to increase the burden on the State Government by
training and throwing in market more trained teachers without there being any
adequate avenues for their employment. The training of teachers cost both the
State Governments and the trainees huge amount of money by way of fees and
grants without there being any adequate scope for utilising their skills to
compensate the costs involved in their training. The State Government is
vitally interested in the development of its education system and therefore it
must be given a decisive role and a voice in the overall development of teacher
education system in the country. It is only to prevent the undesirable
situation wherein the Government is faced with the problem of having surplus
trained teachers with no or little chance of their getting employment in the
near future that the requirement of a NOC from the State Government has been
incorporated. It is further averred that it is an enabling provision under the
Act and does not pose any impediment or any disability in the effective
discharge of the statutory responsibilities by the Council as the State
Government has only been given the responsibility of determining the extent to
which trained manpower is required in a particular State.
examining the contentions raised by the learned counsel for the parties, it
will be convenient to briefly notice the relevant provisions of the Act.
Section 2(c) defines the "Council" and it means the National Council
for Teacher Education established under sub-section (1) of Section 3.
2(e) defines "institution", which means an institution which offers
courses or training in teacher education. Section 2(j) defines "Regional
Committee" which means a Committee established under Section 20.
2(k) defines "regulations" which means regulations made under Section
32. Section 2(l) defines "teacher education" which means programmes
of education, research or training of persons for equipping them to teach at
pre-primary, primary, secondary and senior secondary stages in schools and
includes non-formal education, part-time education, adult education and
correspondence education. Section 3 provides for establishment by the Central
Government, of a Council, called the National Council for Teachers Education
and Section 12 provides for the functions of the Council. Section 14 lays down
that every institution offering or intending to offer a course or training in
teacher education on or after the appointed day, may, for grant of recognition
under the Act, make an application to the Regional Committee concerned in such
form and in such manner as may be determined by Regulations. Section 15
contains a similar provision where under any recognised institution intending
to start any new course or training in teacher education, has to make an
application seeking permission therefor to the Regional Committee concerned.
Section 16 lays down that notwithstanding anything contained in any other law
for the time being in force no examining body shall, on or after the appointed
day, grant affiliation, whether provisional or otherwise, to any institution or
hold examination, whether provisional or otherwise for a course or training
conducted by a recognised institution unless the institution concerned has
obtained recognition from the Regional Committee concerned under Section 14 or
permission for a course or training under Section 15. Section 17 gives power to
Regional Committee to withdraw the recognition of such recognised institutions
if it is satisfied that some provisions of the Act or the rules or regulations
or any condition subject to which recognition was granted has been contravened.
Section 20 lays down that there will be four Regional Committees, namely,
Eastern, Western, Northern and Southern Regional Committees. Section 31 confers
power on the Central Government to make rules to carry out the provisions of
the Act and sub-section (2) thereof enumerates the matters on which rules may
be framed. Section 32 is important for the controversy in hand and the relevant
part thereof is being reproduced below:- "Section 32 (1) The Council may,
by notification in the Official Gazette, make regulations not inconsistent with
the provisions of this Act and the rules made thereunder, generally to carry
out the provisions of this Act.
particular, and without prejudice to the generality of the foregoing power,
such regulations may provide for all or any of the following matters, namely:-
form and the manner in which an application for recognition is to be submitted
under sub-section (1) of section 14;
required for the proper functioning of the institution and conditions for
granting recognition under clause (a) of sub-section (3) of section 14;
form and the manner in which an application for permission is to be made under
sub-section (1) of section 15;
In exercise of powers conferred by Section 32 of the Act the Council has framed
Regulations known as National Council for Teacher Education (application for
recognition, the manner for submission, determination of conditions for
recognition of institutions and permission to start new course or training)
Regulations, 1995 on December 29, 1995. Regulation 5 deals with the manner of
making application and Regulation 8 deals with condition for recognition.
Regulations 5 (e) and (f) and 8 read as under:
Every institution intending to offer a course or training in teacher education
but was not functioning immediately before 17th August, 1995, shall submit
application for recognition with a no objection certificate from the State or
Union Territory in which the institution is located.
Application for permission to start new course or training and/or to increase
intake by recognised institutions under Regulation 4 above shall be submitted
to the Regional Committee concerned with no objection certificate from the
State or Union Territory in which the institution is located.
Condition for recognition
Regional Committee shall satisfy itself on the basis of scrutiny and
verification of facts as contained in the application for recognition and or
recognition of the institution where considered necessary of any other manner
deemed fit, that the institutions has adequate financial resources,
accommodation, library, qualified staff, laboratory and such other conditions
required for the proper functioning of the institutions for the course of
training in teacher education which are being offered or intending to offer.
Regional Committee shall ensure that every institution applying for recognition
fulfil the conditions given in Appendix-III." The provision in the above
quoted Regulations for submitting the application for recognition with a NOC
from the State Government or Union Territory in which the institution is located
is challenged as ultra vires and invalid.
Regulation is a rule or order prescribed by a superior for the management of
some business and implies a rule for general course of action. Rules and
Regulations are all comprised in delegated legislations.
power to make subordinate legislation is derived from the enabling Act and it
is fundamental that the delegate on whom such a power is conferred has to act
within the limits of authority conferred by the Act. Rules cannot be made to
supplant the provisions of the enabling Act but to supplement it.
is permitted is the delegation of ancillary or subordinate legislative
functions, or, what is fictionally called, a power to fill up details. The
legislature may, after laying down the legislative policy confer discretion on
an administrative agency as to the execution of the policy and leave it to the
agency to work out the details within the frame work of policy. The need for delegated
legislation is that they are framed with care and minuteness when the statutory
authority making the Rule, after coming in to force of the Act, is in a better
position to adapt the Act to special circumstances. Delegated legislation
permits utilisation of experience and consultation with interests affected by
the practical operation of statutes. Rules and Regulations made by reason of
the specific power conferred by the Statutes to make Rules and Regulations
establish the pattern of conduct to be followed. Regulations are in aid of
enforcement of the provisions of the Statute. The process of legislation by
departmental Regulations saves time and is intended to deal with local
variations and the power to legislate by statutory instrument in the form of
Rules and Regulations is conferred by Parliament. The main justification for
delegated legislation is that the legislature being over burdened and the needs
of the modern day society being complex it can not possibly foresee every
administrative difficulty that may arise after the Statute has begun to
operate. Delegated legislation fills those needs. The Regulations made under
power conferred by the Statute are supporting legislation and have the force
and affect, if validly made, as the Act passed by the competent legislature.
(See Sukhdev Singh v. Bhagatram AIR 1975 SC 1331.
will be useful to reproduce here a passage from Administrative Law by Wade
& Forsyth (Eighth Edition 2000 at page 839) :
legislation is traditionally looked upon as a necessary evil, an unfortunate
but inevitable infringement of the separation of powers. But in reality it is
no more difficult to justify it in theory than it is possible to do without it
in practice. There is only a hazy borderline between legislation and
administration, and the assumption that they are two fundamentally different
forms of power is misleading. There are some obvious general differences. But
the idea that a clean division can be made (as it can be more readily in the
case of the judicial power) is a legacy from an older era of political theory.
It is easy to see that legislative power is the power to lay down the law for
people in general, whereas administrative power is the power to lay down the
law for them, or apply the law to them, in some particular situation. ."
The question whether any particular legislation suffers from excessive
delegation has to be decided having regard to the subject matter, the scheme,
the provisions of the Statutes including its preamble and the facts and circumstances
in the background of which the Statute is enacted. (See Registrar Co-operative
Societies v. K. Kanjabmu, AIR 1980 SC 350 and State of Nagaland v. Ratan Singh
AIR 1967 SC 212). It is also well settled that in considering the vires of
subordinate legislation one should start with the presumption that it is intra vires
and if it is open to two constructions, one of which would make it valid and
other invalid, the courts must adopt that construction which makes it valid and
the legislation can also be read down to avoid its being declared ultra vires.
preamble of the Act is as under:- "To provide for the establishment of
National Council for Teacher Education with a view to achieving planned and
coordinated development of the teacher education system throughout the country,
the regulation and proper maintenance of norms and standards in the teacher
education system and for matters connected therewith." As the preamble
shows the main object for enacting the Act is to achieve planned and coordinated
development of the teacher education system and also the regulation and proper
maintenance of norms and standards therein.
(3) of Section 14 casts a duty upon the Regional Committee to be satisfied with
regard to large number of matters before passing an order granting recognition
to an institution which has moved an application for the said purpose. The
factors mentioned in sub-section (3) are that the institution has adequate
financial resources, accommodation, library, qualified staff, laboratory and
that it fulfils such other conditions required for proper functioning of the
institution for a course or training in teacher education as may be laid down
in the Regulations. As mentioned earlier there are only four Regional
Committees in the whole country and, therefore, each Regional Committee has to
deal with applications for grant of recognition from several States. It is
therefore obvious that it will not only be difficult but almost impossible for
the Regional Committee to itself obtain complete particulars and details of
financial resources, accommodation, library, qualified staff, laboratory and
other conditions of the institution which has moved an application for grant of
recognition. The institution may be located in the interior of the district in
a far away State.
Regional Committee cannot perform such herculean task and it has to necessarily
depend upon some other agency or body for obtaining necessary information. It
is for this reason that the assistance of the State Government or Union
Territory in which that institution is located is taken by the Regional
Committee and this is achieved by making a provision in Regulations 5(e) and
(f) that the application made by institution for grant of recognition has to be
accompanied with a NOC from the concerned State or Union Territory. The
impugned Regulations in fact facilitate the job of the Regional Committees in
discharging their responsibilities.
contention that there are no guidelines for the State Governments regarding
grant of a NOC and consequently the State Governments may refuse to grant a NOC
on wholly irrelevant considerations is without substance. It is averred in para
7 of the counter-affidavit filed by the Council that it has issued certain
guidelines to the State Governments on February 2, 1996 for issuance of a NOC
and a copy whereof has also been annexed. The relevant part of the guidelines
is being reproduced below:-
The establishment of Teacher Training Institutions by Government, private
managements or any other agencies should largely be determined by assessed need
for trained teachers. This need should take into consideration the supply of
trained teachers from existing institutions, the requirement of such teachers
in relation to enrolment projections at various stages, the attirition rates
among trained teachers due to superannuation, change of occupation, death etc.
and the number of trained teachers on the live register of the employment
exchanges seeking employment and the possibility of their deployment. The
States having more than the required number of trained teachers may not
encourage opening of new institutions for teacher education or to increase the
States having shortage of trained teachers may encourage establishment of new
institutions for teacher education and to increase intake capacity for various
levels of teacher education institutions keeping in view the requirements of
teachers estimated for the next 10-15 years.
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.
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.
With a view to ensuring supply of qualified and trained teachers for such specialities
education of the disabled nonformal education, education of adults, preschool
education, vocational education etc. special efforts and incentives may be
provided to motivate private managements/voluntary organisations for
establishment of institutions, which lay emphasis on these areas.
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.
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.
Institutions should be allowed to come into existence only if the sponsors are
able to ensure that they have adequate material and manpower resources in
terms, for instance, of qualified teachers and other staff, adequate buildings
and other infrastructure (laboratory, library, etc.) a reserve fund and
operating funds to meet the day to day requirement of the institution,
including payment of salaries, provision of equipment etc. Laboratories,
teaching science methodologies and practicals should have adequate gas plants,
proper fittings and regular supply of water, electricity, etc. They should also
have adequate arrangements. Capabilities of the institution for filling norms
prepared by NCTE may be kept in view.
the establishment of an institution preference need to be given to locations
which have large catchment area in terms of schools of different levels where
student teachers can be exposed to demonstration lessons and undertake practice
teaching. A training institution which has a demonstration school where
innovative and experimental approaches can be demonstrated could be given
perusal of the guidelines would show that while considering an application for
grant of a NOC the State Government or the Union Territory has to confine
itself to the matters enumerated therein like assessed need for trained
teachers, preference to such institutions which lay emphasis on preparation of
teachers for subjects like Science, Mathematics, English etc. for which trained
teachers are in short supply and institutions which propose to concern
themselves with new and emerging specialities like computer education, use of
electronic media, etc. and also for speciality education for the disabled and
vocational education etc. It also lays emphasis on establishment of
institutions in tribal and hilly regions which find it difficult to get
qualified and trained teachers and locations which have catchment area in terms
of schools of different levels where student teachers can be exposed to
demonstration lessons and can undertake practice teaching. Para 8 of the guidelines deals with financial resources,
accommodation, library and other infrastructure of the institution which is
desirous of starting a course of training and teacher education. The guidelines
clearly pertain to the matters enumerated in sub-section (3) of Section 14 of
the Act which have to be taken into consideration by the Regional Committee
while considering the application for granting recognition to an institution
which wants to start a course for training in teacher education. The guidelines
have also direct nexus to the object of the Act namely, planned and coordinated
development of teacher education system and proper maintenance of norms and
standards. It cannot, therefore, be urged that the power conferred on the State
Government or Union Territory, while considering an application for grant of a NOC, is an
arbitrary or unchanelled power. The State Government or the Union Territory has to necessarily confine itself to the guidelines issued
by the Council while considering the application for grant of a NOC. In case
the State Government does not take into consideration the relevant factors
enumerated in Sub-section (3) of Section 14 of the Act and the guidelines
issued by the Council or takes into consideration factors which are not
relevant and rejects the application for grant of a NOC, it will be open to the
institution concerned to challenge the same in accordance with law. But, that
by itself, cannot be a ground to hold that the Regulations which require a NOC
from the State Government or the Union Territory are ultra vires or invalid.
counsel for the appellants has also submitted that the impugned Regulations
have the effect of conferring the power of consideration of the application for
the grant of recognition under Section 14 of the Act upon the State Government,
as in the event of rejection of a NOC the application is not even registered by
the Council. This contention no longer survives on account of a subsequent
development. Shri MN Krishnamani, learned senior counsel appearing for the
respondents, has submitted that the Council has made fresh Regulations on
November 13, 2002 which are known as the NCTE (Form of application for
recognition, the time of submission of application, determination of norms and
standards for recognition of teacher education programmes and permission to
start new course or training) Regulations, 2002. Regulation 6 thereof reads as
6 Requirement of No Objection Certificate from the State Government/U.T.
Application from every institution seeking recognition to start a course or
training in teacher education or from an existing institution seeking
permission to start a new course or training and/or increase in intake shall be
accompanied by a No Objection Certificate (NOC) from the State or Union Territory in which the institution is located.
The endorsement of the State Government/UT Administration in regard to issue of
No Objection Certificate (NOC) will be considered by the Regional Committee
while taking a decision on the application for recognition.
If the NOC issued by the State Government/UT Administration does not indicate
the intake, it will be for the Regional Committee to determine the intake
taking into account the infrastructural and instructional facilities available
in the institution and other relevant provisions in the Norms and Standards
applicable to the relevant teacher training programme.
The NOC issued by the State Government/UT Administration will remain valid till
such time the State Government/UT Administration withdraws/cancels it.
The NOC will be deemed to have lapsed if the institution fails to get
recognition within three years from the date of its issue.
Requirement of NOC shall not apply to Government Institutions.
Requirement for NOC shall not apply to University Department for taking up
innovative teacher education programme for a maximum intake of 50 (fifty only).
question as to whether a programme is innovative will be decided by the
concerned Regional Committee." Regulation 6(ii) of these Regulations
provides that the endorsement of the State Government/Union Territory
Administration in regard to issue of NOC will be considered by the Regional
Committee while taking a decision on the application for recognition. This
provision shows that even if the NOC is not granted by the concerned State
Government or Union Territory and the same is refused, the entire matter will be examined
by the Regional Committee while taking a decision on the application for
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
Behari Lal Butail & Ors. v. State of H.P.
& Ors. (supra) cited by learned counsel for the appellant, it has been held
that a delegated legislation must conform to the provisions of the Statute
under which it is framed and that it must also come within the scope and
purview of the rule making power of the authority framing the rule and in the
event either of these two conditions are not fulfilled, the rule so framed
would be void. As discussed earlier, the impugned Regulations do not contravene
any one of the conditions inasmuch as Section 32 of the Act clearly empowers
the Council to make Regulations generally to carry out the provisions of the
Act and thus they come within the scope and purview of the power of the
authority framing the Regulations. The Regulations also conform to the
provisions of the Act and are not in excess of the authority of the Council as
no essential legislative function has been delegated to the State Government.
counsel for the appellant has strongly urged that in some cases the State
Government has sat over the matter for very long period without taking any
decision either to grant a NOC or declining to grant the same and on account of
this inaction of the State Government the application moved by the institutions
before the Regional Committee was not even registered for consideration and
thereby the right of the appellants to establish an institution for teachers'
training or starting a course in teacher education was completely defeated.
There can be no manner of doubt that the State Government must take a decision
on the application moved by an institution for grant of a NOC within a
reasonable time. If the State Government does not take a decision within a
reasonable time it will obviously defeat the right of an institution to have
its application considered by the Regional Committee. It will therefore be
proper that the Council frames appropriate Regulations fixing the time limit
within which a decision should be taken by the State Government on the
application moved by an institution for grant of a NOC. In the present cases,
we are of the opinion that till such Regulations are made the decision should
be taken by the State Governments within four months, failing which it shall be
deemed that the NOC has been granted.
the reasons mentioned above, we are of the opinion that the impugned
Regulations are perfectly valid and intra vires the Act. The appeals and writ
petitions are consequently dismissed. It is however directed that the State
Governments/Union Territories shall pass final order on the applications which
are pending before it for grant of a NOC within four months of the presentation
of certified copy of this order, failing which it will be deemed that a NOC has