Himachal Pradesh High Court
______________________________________________________________ vs National Council For Teacher Education ... on 14 September, 2018
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1102 of 2018
Reserved on: 30th July, 2018
.
Decided on: 14th September, 2018
______________________________________________________________
H.P. Private B.Ed. Colleges Welfare Association ..Petitioner
Versus
National Council for Teacher Education and ors. ..Respondents
_______________________________________________________________
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 Yes.
For the petitioner: Mr. Shrawan Dogra, Senior Advocate
with Mr. Bhuvnesh Sharma and Mr.
Ramakant Sharma, Advocates.
For the respondents: Mr. B. Nandan Vashishta and Mr. R.S.
Sharma, Advocates, for respondents
No. 1 and 2.
Mr. Vinod Thakur, Additional
Advocate General with Mr. Bhupinder
Thakur, Deputy Advocate General, for
respondent No.3.
None for the remaining respondents.
Justice Tarlok Singh Chauhan, J.
Aggrieved by the norms/regulations laid down by the National Council for Teacher Education (NCTE) regarding infrastructural, instructional and other facilities that were required 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 2to be provided by the Institutions running composite B.Ed./ JBT/D.El.Ed. Courses, the petitioner-Association has filed the instant petition for the grant of following substantive reliefs:
.
1. That the respondents may kindly be restrained from applying retrospective revised norms of National Council for Teacher Education for B.Ed. & JBT courses of 2006, 2009 and 2014 w.r.t. the infrastructural facilities for already set up B.Ed., JBT and D.El.Ed. Institutions.
2. In the alternative, the norms and standards for B.Ed.
programme at Annexure P-5 and for D.El.Ed./JBT Programme at Annexure P-6 as laid down by National Council for Teacher Education-respondent No.1, to the extent to built up area for single unit of B.Ed. along with single unit of JBT in a composite institution has been prescribed to be 3000 sq. mts. instead of at the maximum 2000 sq. mts., may kindly be quashed and set aside, in the interest of justice.
2. It is averred that the members of the Association have set up B.Ed. and JBT institutions, which are being run by their charitable societies, registered under the Societies Registration Act and these institutions are totally un-aided. Even the fee structure of these institutions has been fixed by the State and not by the charitable societies.
3. In terms of Section 32 (2) of the National Council for Teacher Education Act,1993, the NCTE is competent to frame regulations laying down the procedure for grant of recognition together with the norms and standards for various teacher training ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 3 programmes. It was in exercise of such powers that the NCTE framed Regulations in the year 2002, which were named as the NCTE (Form of application for recognition,the time limit of .
submission for application, determination of norms and standards for recognition of teacher education programmes and permission to start new course or training) Regulations, 2002. In terms thereof, the requirement of instructional space of an institution imparting B.Ed. course of single unit with intake of 100 students was specified as 10 square feet per student and the requirement of built up area was not specified.
4. These regulations were replaced by NCTE (Recognition Norms & Procedure) Regulations, 2005, wherein the built up area for single unit of B.Ed. course was prescribed as 1500 sq. mtrs.
with instructional space of 10 square feet per student. However, no break up of areas of the room, laboratory etc. was specified.
5. The aforesaid regulations were, in turn, then substituted by the NCTE (Recognition Norms & Procedure) Regulations, 2009 wherein the required built up area for single unit of B.Ed. course was prescribed 1500 sq. mtrs. and likewise for single unit of JBT course also the area prescribed was 1500 sq.mtrs. However, again the individual break-up of area of rooms/laboratory was not specified.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 46. Thereafter, the NCTE framed Regulations, 2014, known as NCTE (Recognition Norms & Procedure) Regulations, 2014, wherein the built up area for B.Ed. course for single unit of 50 .
students (2 years) was prescribed as 1500 sq. mtrs. and for additional unit an increased area of 500 sq. mtrs. was specified.
7. Similarly, for JBT course of single unit, the requisite break-up area was again prescribed at 1500 sq. mtrs. However, in case institutions wanted to run composite unit of B.Ed. and JBT, then it was required to have total built up area of 3000 sq. mtrs., which otherwise is the requirement of the built up area for running these courses individually. The area so prescribed is not withstanding the note given under the Regulation 6 of the NCTE Regulations, 2014, wherein it has categorically been provided that "in case of composite institution(s) infrastructural, instructional and other facilities shall be shared by various programmes".
8. It is averred by the petitioner that in the teeth of note given under Regulation 6, the NCTE could not have prescribed the required built up area for running composite courses as 3000 sq. mtrs. or else this would render the note 6 of the NCTE Regulations, 2014 as otiose and redundant.
9. It is further averred that even if on the analogy of additional unit of B.Ed. course, where the requirement of built up area is 1500+500 sq. mtrs. i.e. 2000 sq. mtrs., even then for a ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 5 composite institution running B.Ed. and JBT single unit, the maximum constructed area requirement could at best be prescribed at 2000 sq. mtrs., more particularly, when regulations .
as framed by the NCTE from time to time do not even specify the prescribed size of room. It is on these allegations that the petitioner has prayed for the reliefs as quoted above.
10. The respondents No. 1 and 2-NCTE opposed the petition by filing reply, wherein preliminary objections regarding locus standi, maintainability of the writ petition, estoppel, delay and laches have been raised. In addition thereto, it is averred that the regulations/norms framed by the NCTE are comprehensive, unambiguous and conclusive in all respects and have been drafted after careful exercise and scrutiny by the expert committee on the basis of the recommendations of the High Power Justice Verma Commission appointed by the Hon'ble Supreme Court headed by Hon'ble Justice J.S. Verma, former Chief Justice of India with the primary aims and objectives of improving the standard of teacher education. It is further averred that the NCTE regulations are issued from time to time after inviting opinions, suggestions and comments from public throughout the country.
11. On merits, respondents No.1 and 2-NCTE have not denied the issuance of regulations/norms from time to time.
However, it is averred that it is not appropriate to compare two ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 6 independent distinct courses, such as JBT/D.El.Ed. and B.Ed.) in terms of the requirement of built up area for the independent JBT/D.El.Ed. course and additional intake for B.Ed. course as both .
these courses are two distinct courses and infrastructural facilities required for these two courses are separately mentioned in Appendix-II and IV of NCTE Regulations 2014. It is further averred that the specific requirement of each course has to be adhered to strictly for effecting training of the students. However, it is submitted that the revised norms are applicable for the recognized institutions prospectively to implement the terms and conditions of the NCTE Regulations 2014 and not retrospectively as stated by the petitioner-Association. As regards the contention of the petitioner-Association regarding built up area requirement, the same is illogical, baseless and not tenable in the eyes of law for the reason that if anything is required to be done in a particular manner under the law, it has to be done in that manner only.
12. We have heard the learned counsel for the parties and have also gone through the records of the case carefully.
13. Before adverting to the relative merits of the case, we may at the outset observe that the importance of an organized streamline development of teacher education institutions in the country cannot be undermined. It is no secret that earlier private institutions unauthorisedly established for imparting not only the ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 7 teacher training courses but even other courses were invariably ill-
housed, ill-staffed and ill-equipped and this was duly noticed by the Hon'ble Supreme Court in N. M. Nageshwaramma and others .
vs. State of Andhra Pradesh and another, AIR 1986 SC 1188.
The Hon'ble Supreme held that "the teacher training institutions are meant to teach children of impressionable age and we cannot let loose on the innocent and unwary children."
14. In Andhra Kesari Education Society vs. Director of School Education and others, AIR 1989 SC 183, the Hon'ble Supreme Court held as under:-
"20. Though teaching is the last choice in the job market, the role of teachers is central to all processes of formal education. The teacher alone could bring out the skills and intellectual capabilities of student. He is the 'engine' of the educational system. He is a principal instrument in awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would inspire and motivate into action the benefiter. He must keep himself abreast of ever changing conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds. His involvement in national integration is more important indeed indispensable. It is, therefore, needless to state that teachers should be subjected to rigorous training with rigid scrutiny of efficiency. It has greater relevance to the needs of the day. The ill trained or substandard teachers ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 8 would be detrimental to our educational system; if not a punishment on our children. The Government and the University must, therefore, take care to see that inadequacy in .
the training of teachers is not compounded by any extraneous consideration."
15. In State of Maharashtra vs. Vikas Sahebrao Roundale and others, AIR 1992 SC 1926, the Hon'ble Supreme Court held as under:-
"11. Art. 51 A enjoins every citizen by Cl(h) to develop the scientific temper, humanism, the spirit of inquiry and reform and Cl.(j) enjoins as fundamental duty to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; (a) respect for national flag and national anthem; (e) to promote harmony and spirit of common brotherhood amongst all the Indian people transcending religious, linguistic and regional or sectional diversities to renounce practice derogatory to the dignity of woman; (f) to value and preserve rich heritage of our composite culture, etc. are some of the basic duties which the budding students need to be inculcated and imbibed. They should be sowed in the receptive minds in their formative periods so that they take deep roots at maturity. The teacher needs, not only the training at the inception, but also periodical orientations in this behalf so that the children would reap the rich benefit thereof. The ill equipped and illhoused institutions and substandard staff therein are counter productive and detrimental to inculcate spirit of enquiry and excellence to the students. The disregard of statutory compliance would amount to let loose of innocence ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 9 and unwary children. The proceedings of the recent seminar held in Delhi, as published by the Times of India dated 4 th August, 1992, would demonstrate the admission by the .
teachers that they are not properly trained to cope with the growing needs of the society and are unsuited to the duties they have to shoulder in imparting teaching to the children. The teacher plays pivotal role in moulding the career, character and moral fibres and aptitude for educational excellence in impressive young children. The formal education needs proper equipment by the teachers to meet the challenges of the day to impart lessons with latest technics to the students on secular, scientific and rational outlook. A well equipped teacher could bring the needed skills and intellectual capabilities of the students in their pursuits. The teacher is adorned as Gurudevobhava, next after parents, as he is a principal instrument to awakening the child to the cultural ethos, intellectual excellence and discipline. The teachers, therefore, must keep abreast ever changing technics, the needs of the society and to cope with the psychological approach to the aptitudes of the children to perform that pivotal role. In short teachers need to be endowed and energised with needed potential to serve the needs of the society. The qualitative training in the training colleges or schools would inspire and motivate them into action to the benefit of the students. For equipping such trainee students in a school or a college, all facilities and equipments are absolutely necessary and institutions bereft thereof have no place to exist nor entitled to recognition. In that behalf compliance of the statutory requirements is insisted upon. Slackening the standard and judicial fiat to control the mode of education and examining system are detrimental to the efficient management of the ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 10 education. The directions to the appellants to disobey the law is subversive of the rule of law, a breeding ground for corruption and feeding source for indiscipline. The High Court, therefore, .
committed manifest error in law, in exercising it prerogative power conferred under Art. 226 of the Constitution, directing the appellants to permit the students to appear for the examination etc."
16. The Government of India had evolved a National Education Policy in 1986 and earlier to that the Parliament in its wisdom thought fit to enact comprehensive law on teacher education by enacting National Council for Teacher Education Act, 1993 (for short the 'Act'). The preamble to the Act states that this is an Act to provide for the establishment of National Council for Teacher Education with a view to achieve the planned and coordinated development of teacher education system throughout the country.
17. Section 2(c) defines the 'Council' to mean the National Council of Teacher Education established under Section 3(1) of the Act. 'Examining body' means a university, agency or authority to which an institution is affiliated for conducting examinations in teacher examination qualifications. 'Institution' under Section 2(e) is defined to mean an institution which offers courses or training in teacher education. 'Recognised institution' is defined under Section ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 11 2(i) to mean an institution recognized by the Council under Section
14. .
18. Section 2(l) defines 'teacher education' to inter alia, mean programmes of education research or training of persons for equipping them to teach pre-primary, primary, secondary and senior secondary stages in schools. Section 2(m) defines 'teacher education qualification' to mean a degree, diploma or certificate in teacher education awarded by a university or examining body in accordance with the provisions of the Act. The Council has a wide representation from all concerned institutions including from the University Grants Commission and the States and the Union Territories by virtue of Section 3(4) of the Act. Section 12 defines the functions of the Council. Under Section 20 of the Act, Regional Committees are constituted for each region in the country, including the Northern Regional Committee, which has considered the case of the petitioner. These Regional Committees have representatives of the States/Union Territories of the region by virtue of Section 20(3). Amongst the various functions that the Council is obliged to perform the following are specifically enumerated:
(i) Under Section 12(b) to make recommendations to the Central and State Government, Universities, University Grants Commission and recognized institutions in the ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 12 matter of preparation of suitable plans and programmes in the field of teacher education.
(ii) Under Section 12(e), to lay down norms for any specified .
category of courses or trainings in teacher education including the minimum eligibility criteria for admission thereof, ad the method of selection of candidates, duration of the course, course contents and mode of curriculum;
(iii) Under Section 12 (f), lay down guidelines for compliance by recognized institutions, for starting new courses or training, and for providing physical and institutional facilities, staffing pattern and staff qualification.
19. Section 12 categorically casts a duty to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education and for the determination and maintenance of standards for teacher education. The Council has to undertake surveys and studies relating to various aspects of teacher education and publish the result thereof and make recommendations to the Central and State Governments, Universities, University Grants Commission and recognised institutions in the matter of preparation of suitable plans and programmes in the field of teacher education and coordinate and monitor teacher education and its development in the country; lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or in recognised institutions; lay down norms for any specified category of courses ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 13 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; 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; lay down standards in respect of examination leading to teacher education qualifications, criteria for admission to such examination and schemes of courses or training; lay down guidelines regarding tuition fees and other fees chargeable by recognised institutions; promote and conduct innovation and research in various areas of teacher education and disseminate the results thereof; examine and review periodically the implementation of the norms, guidelines and standards laid down by the Council, and to suitably advise the recognised institutions;
evolve suitable performance appraisal systems, norms and mechanisms for enforcing accountability on recognised institutions;
formulate schemes for various levels of teacher education and identify recognised institutions and set up new institutions for teacher development programs; take all necessary steps to prevent commercialisation of teacher education; and perform such other functions as may be entrusted to it by the Central Government.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 1420. Section 13 of the Act empowers the Council to cause inspection of any institution for the purposes of the Act. Section 14 deals with the aspect of recognition of institutions offering courses .
or training in the teacher education. Every institution offering or intending to offer a course in teacher education is obliged to make an application to the concerned Regional Committee of the Council for obtaining recognition from the Council. On receipt of an application, the Regional Committee shall, if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfills such other conditions required for proper functioning of an institution for a course or training in teacher education as may be determined by the regulations, grant recognition to such institution, subject to conditions that may be determined by the regulations. However, if the regional committee is of the opinion that such institution does not fulfill the aforesaid requirements, it can refuse recognition for reason to be recorded in writing. Section 14(6) states that every examining body shall, on receipt of the order granting recognition, grant affiliation to the institution and where the recognition has been refused, cancel the affiliation of the institution. Section 32 of the Act confers on the Council, the power to make regulations not inconsistent with the provisions of the Act and the Rules made thereunder for the purpose of carrying out the provisions of the ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 15 Act. Clause 2(f) of Section 32, particularly empowers the Council to make regulations laying down conditions required to be fulfilled for the proper functioning of the institution and conditions for granting .
recognition under Section 14(3)(a) of the Act.
21. As observed above, Section 14 provides for recognition to teacher education institution. We deem it proper to quote the very section which reads as under:
"Section 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 ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 16 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 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 Central Government.
(5) Every institution, in respect of which recognition has been refused shall discontinue the course of 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) xxxx;
(c) cancel the affiliation of the institution, where recognition has been refused", ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 17
22. A careful reading of the provision indicates that under Section 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. Proviso 1 to Section 14 provides for six months time for making application in respect of an existing institution prior to the commencement of the Act providing for teacher education. Sub-section (3) of Section 14 provides for considering by the Regional Committee, for grant of recognition. Regional Committee if satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such conditions may grant recognition. If the institution does not fulfil the requirements laid down in sub-clause (a), may pass an order refusing recognition to such institution for reasons to be recorded in writing. Section 18 provides for an appeal to the Council for an aggrieved person against the order passed under Section 14, 15 or 17 of the Act.
23. Section 32 of the Act provides for framing of regulation not inconsistent with the provisions of this Act and the rules made thereunder, generally to carry out the provisions of this Act. Sub-
section (2) in particular provides for framing of regulations in the ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 18 form and the manner in which the application for recognition is to be submitted under sub-section (1) of Section 14 and the conditions required for the proper functioning of the institution and .
conditions for granting recognition under clause (a) of sub-section (3) of Section 14.
24. Exercising its power under Section 32 the Council has framed the regulations known as National Council for Teacher Education to be followed by the Regional Committee Regulations, 1996. Regulation 5 provides for making an application. Clauses (e) and (f) with which we are concerned are quoted below for proper understanding:
"(e) 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.
(f) 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".
25. Chapter-vii of the NCTE Act deals with miscellaneous matters. Section 31 gives power to the Central Government to make rules. The Central Government in exercise of the powers ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 19 conferred by Section 31 of the NCTE Act has made the rules, namely, the National Council for Teacher Education Rules, 1997 (Rules, 1997). Rule 8 of the Rules, 1997 provides that an institution .
which intends to conduct the B.Ed. course shall be inspected to ascertain as to whether the institution has necessary physical and other infrastructure in terms of the provisions of the NCTE Act and the Rules and Regulations made thereunder. The Rule 8 of the Rules, 1997 reads as under:-
"8. Inspection-
(1) The Council may inspect the recognized institutions in the manner specified in sub-rules (2) to (8).
(2) The Council shall approve a panel of names of experts in teacher education or educational administration who may be able to inspect the recognized institutions. The Chairman shall nominate at least two persons out to the panel of experts to a inspection team.
(3) The Council shall give a notice of its intention to the institution alongwith a questionnaire in Form 'IV' seeking information within fifteen days on all relevant matters relating to the institution.
(4) On receipt of the completed questionnaire, the Council shall communicate the names of the members of inspection team and the date of inspection to the institution.
(5) The institution to be inspected shall nominate its one officer or employee, to be associated with the inspection team.::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 20
(6) The inspection team shall ascertain as to whether the institution is functioning in accordance with the provisions of the Act and the rules and regulations made thereunder.
.
(7) The members of the inspection team may, if deem necessary, interact with the faculty members and other employees of the institution.
(8) The inspection team shall submit its report to the Council within a period of fifteen days from the last day of the inspection."
26. Sub-rule (3) of Rule 8 provides that the Council shall give a notice of its intention to the institution along with a questionnaire in Form 'IV' seeking information within fifteen days.
Sub-rule (4) of Rule 8 further says that on receipt of the completed questionnaire, the Council shall constitute inspection team. Sub-
rule (6) of Rule 8 enjoins that inspection team shall ascertain the information supplied by the institution.
27. As regards the first relief claimed by the petitioner, as noticed above, the NCTE i.e. respondents No. 1 and 2 have categorically stated in their reply(s) that the revised norms are applicable for the recognised institutions prospectively to implement the terms and conditions of the NCTE Regulations, 2014 and would not apply retrospectively and, therefore, that part of the grievances of the petitioner stands redressed.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 2128. Adverting to the second prayer, we may at the outset, state that the courses in education must be taken very seriously and when an expert body certifies that the facilities in a .
institution(s) are inadequate, the Courts are not equipped to take a different view in the matter except for very cogent and jurisdictional reasons and under no circumstance, should this Court examine the report as an appellate body as this is simply not the function of this Court.
29. This petition was heard in part on 17.7.2018 when this Court passed the following order:
"Heard in part. Learned counsel appearing on behalf of respondents No.1 and 2 prays for time to take instructions in light of arguments advanced by the learned counsel for the petitioner more particularly those relating to the requirement of built up area as also prescribing of standards even after permitting sharing of infrastrucutal and instructional facilities.
Mr. N.K. Sharma, Under Secretary-NCTE, is present in person and assures this Court that necessary follow up action with the higher authorities will be taken immediately and he or any other responsible officer shall report back to this Court on the next date of hearing.
List on 24 th July, 2018. In the meanwhile, the petitioner may also file supplementary affidavit. Copy dasti."
30. Pursuant to the aforesaid direction, respondents No. 1 and 2-NCTE placed before us report of the NCTE for revisiting ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 22 existing regulations, norms and standards for various teacher education programmes and related issues. However, before we advert to the report, it would be necessary to refer to the relevant .
provisions for infrastructural, instructional and other facilities for B.Ed. programme as provided in Appendix-IV of the NCTE Regulations, 2014, which are reproduced as under:-
6. Facilities 6.1 Infrastructure (I) The institutions shall possess 2500 sq mts (two thousand five hundred square meters) of exclusive well demarcated land for the initial intake of fifty students out of which 1500 sq. mts. (one thousand five hundred square meters) shall be the built up area and the remaining space for lawns, playfields, etc. For an additional intake of fifty students, it shall possess additional land of 500 sqm. (five hundred square metre). For an annual intake beyond two hundred and upto three hundred, it shall possess land of 3500 sqm. (three thousand five hundred square metre). For the institutions established prior to this Regulations, for an additional intake of one hundred students, built up area is to be increased by 500 sqm. (five hundred square metre) and the requirement of additional land may not apply to them.
(ii) Built up Area for running other teacher education programmes in combination with B.Ed. Programme shall be as under:-
(ii) Facilities Course(s) Built up Land Area (in Area in sqm) (sqm) ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 23 B.Ed./Education Component of B.A. 1500 2500 B.Ed/B.Sc /B.Ed.
D.E.C. Ed. plus B.Ed 2500 3000
D.El.Ed. plus B.Ed. 3000 3000
.
B.Ed. plus M.Ed. 2000 3000
D.E.C. Ed. plus B.Ed. plus M.Ed. 3000 3500
D.El.Ed. plus B.Ed. plus M.Ed. 3500 3500
D.El. Ed. plus D.E.C. Ed. plus B.Ed. Plus 4000 4000
M.Ed.
Note: Additional intake of one unit of B.Ed will require additional built up area of 500 sqm. (five hundred square meters).
The Institution must have the following infrastructure (each item to include facilitation for PWD):-
(a) one classroom for every 50 student.
(b) Multipurpose Hall with seating capacity of 200 and a dais 2000 sq. ft)
(c) Library-cum-Reading Room
(d) ICT Resource Centre
(e) Curriculum Laboratory
(f) Arts and Craft Resource centre
(g) Health and Physical Education Resource Centre (including yoga education)
(h) Principal's Office
(i) Staff Room
(j) Administrative Office
(k) Visitors Room
(l) Separate common room for male and female students
(m) Seminar Room
(n) Canteen
(o) Separate Toilet Facility for male and female students, for staff and for PWD.
(p) Parking Space ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 24
(q) Store Rooms (Two)
(r) Multipurpose Playfield
(s) Open space for Additional Accommodation .
(iv) There shall be games facilities with a playground. Where there is scarcity of space as in the metropolitan towns/hilly regions, separate facilities for yoga, small court and indoor games may be provided.
(v) Safeguard against fire hazard be provided in all parts of the building.
(vi) The institution campus, buildings, furniture etc. should be barrier free.
(vii) Hostel for male and female students separately, and some residential quarters are desirable.
6.2 Instructional
(a) The institution shall have easy access to sufficient number of recognized secondary schools within reasonable distance for field work and practice teaching related activities of the students teachers. The institution shall furnish undertaking from the schools that they are willing to provide facilities for practice teaching. The State education administration may allot schools to different Tels. Not more than ten and twenty students-teachers shall be attached with a school having pupil strength up to 1000 ( one thousand) and 2000 (two thousand) respectively. It is desirable that the institution has an attached school under its control.
(b) There shall be a library-cum-reading room with seating capacity for at least fifty percent students equipped with minimum 1000 (one thousand) titles and 3000 (three thousand) books including text and reference books relevant to the course of study, educational encyclopedias, year books, electronic ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 25 publications (CD ROMs), online resources and minimum five referred journals of education and subscription to five others in related disciplines. The library holdings .
shall be augmented with addition of two hundred titles annually including books and journals. The library shall have photocopying facility and computer with internet facility for the use of faculty and student-teachers.
Except in the case of textbooks and reference books there shall not more than three multiple copies of each title.
(c) There shall be a Curriculum Laboratory with materials and resources relating to different areas of school curriculum.
(d) There shall be ICT facilities with hardware and software including computers, internet, TV Camera, ICT equipment like ROT (Receive Only Terminal), SIT (Satellite Interlinking Terminal) etc.
(e) There shall be a fully furnished Teaching-Learning Resource Centre for Arts and Work Experience.
(f) Games and sports equipments for common indoor and out door games should be available.
(g) Simple musical instruments such as harmonium, tabla, manjira and other indigenous instruments.
6.3 Amenities
(a) Functional and appropriate furniture required number for instructional and other purposes.
(b) Arrangement may be made for parking of vehicles.
(c) Access to safe drinking water be provided in the institution.
(d) Effective arrangement be made for regular cleaning of campus, water and toilet facilities (separate for male ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 26 and female students and teachers), repair and replacement of furniture and other equipments.
Note: In case of composite institution, the infrastructural, .
instructional and other facilities shall be shared by various programmes.
31. Similar regulations, norms and standards for infrastructural, instructional and other facilities for Diploma in Elementary Education (D.El.Ed.) are also prescribed in Appendix-II of the NCTE Regulations, 2014, which are virtually pari materia with the regulations quoted above and read as under:
"6. Facilities 6.1 Infrastructure
(a) Land and Built up area for running D.El.Ed. programme in combination with other teacher education programmes shall be as under:-
Course(s) Built up Land Area
area (in (in sqm.)
sqm)
D.ElEd. 1500 2500
D.El.Ed. plus B.Ed. + Education 3000 3000
Component of BA/B.Sc. B.Ed.
D.E.C. Ed. Plus D.El. Ed. 2500 3000
D.El. Ed. Plus B.Ed. Plus M.Ed. 3500 3500
D.El.Ed plus D.E.C. Ed plus B. Ed plus 4000 4000
M.Ed
Note: Additional intake of one unit of D.El.Ed will require additional built up area of 500 sqm. (five hundred square metres).::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 27
(b) The institution must have the following infrastructure:-
(i) One classroom for every 50 students.
.
(ii) Multipurpose Hall with seating capacity of two hundred with dais with total area of 2000 sq. ft (two thousand square feet).
(iii) Library-cum-Resource Centre
(iv)Curriculum Laboratory (with science and maths kits, maps, globes, chemical, science kits etc.
(v) Computer Lab
(vi) Arts and Craft Resource Centre
(vii) Health and Physical Education Resource Centre
(viii) Principal's office
(ix) Staff Room
(x) Administrative Office
(xi) Store Rooms (Two)
(xii) Common rooms separately for Men and Women student-
teachers.
(xiii) Canteen
(xiv) Visitors Room
(xv) Separate Toilet Facility for Men and Women, student- teachers, and staff of which one should be for PWD.
(xvi) Parking Space (xvii) Open space for lawns, gardening activities, etc. (xviii) Store Room (xix) Multipurpose play field Note: Requirement at Sl. No. (I) will multiply with the number of units taken.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 286.2 Instructional
(a) The institution shall establish Library-cum-Resource .
Centre wherein teachers and students have access to a variety of materials and resources to support and enhance the teaching-learning process. These should include:
(i) Books, journals and magazines
(ii) Children's books
(iii) Audio-visual equipment -TV, OHP, DVD player,
(iv) Audio-visual aids, slides, films,
(v) Teaching aids - charts, pictures,
(vi)Developmental assessments check lists and measurement tools,
(vii) Photocopying machine.
(b) Equipment and Materials for different activities The equipment and materials should be suitable and sufficient in quality and quantity for the variety of activities planned in the programme. These include the following:-
Educational kits, models, play materials, simple books on different topics (songs, games, activities and worksheet), puppets, picture books, photographs, blow-ups, charts, maps flash cards, handbooks, pictures, pictorial representations of developmental characteristics of children.
(c) Equipment, Tools, Raw material for teaching aids, play material and Arts and Crafts Activities.
One set of wood working tools, one set of gardeners' tools, raw materials and equipment required for toy making, doll making, tailoring, dress designing, puppetry, material for preparation of charts, models and other practical activities to be done by the student teacher - art material, waste material, stationery (chart paper, mount board etc.), tools like scissors, scales etc., cloth.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 29(d) Audio Visual Equipment Hardware for projection and duplication and educational software facilities including TV, DVD Player, slide projector, .
slides, films, charts, pictures. Satellite ROT (Receive Only Terminal) and SIT (Satellite Interlinking Terminal) would be desirable.
(e) Musical instruments Simple musical instruments such as Harmonium, Tabla, Flute, Manjira and other indigenous instruments.
(f) Books, Journals and Magazines A minimum of one thousand books on relevant subjects should be available during the first year of establishment of the institution and one hundred standard books be added every year. The collection of books should include children's encyclopedias, dictionaries, reference books, books on professional education, teachers' handbooks, books on and for children (including comics, stories, picture books/albumbs, and poems) and the books/resources published and recommended by NCTE. The institution should subscribe to online resources, and the journals published by NCTE and at least three other journals in the field of Education.
g) Games and Sports Adequate games and sports equipment for common indoor and outdoor games should be available.
6.3 Other Amenities
(a) Functional and appropriate furniture in required number for instructional and other purposes.
(b) Separate common rooms for male and female teacher educators/students-teachers.
(c) Arrangement may be made for parking of vehicles.
(d) Safe drinking water be provided in the institution ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 30
(e) The institutions campus, building, facility etc., should be disable friendly.
(f) There shall be games facilities with the ground.
.
Alternatively, the playground available with the attached schools or local bodies may be utilized exclusively for fix period. Where there is scarcity of space as in metropolitan towns/hilly regions, facilities for small court games, yoga and indoor games may be provided.
Note:- If more than one courses in teacher education are run by the same institution in the same campus, the facilities of playground, multipurpose hall, library and laboratory (with proportionate addition of books and equipments) and instructional space can be shared.
32. It is not in dispute that in case one requires to run an institution for single B.Ed. course in terms of the NCTE Regulations, 2014, it is required to have a constructed area of 1500 sq. mts. and in case, an institution is given to run a B.Ed. course for single unit of 50 students, even then also, the prescribed built up area is 1500 sq. mts. However, in case the institution already running a B.Ed. course, wants to run additional unit of B.Ed. course, only an increased built up area of 500 sq. mts in terms of regulation 6.1 of the NCTE Regulations, 2014 relating to B.Ed. course, as quoted here-in-above is required. But, if the institution already running a single unit of B.Ed.
course is to run a composite course of JBT/D.El.Ed, even then it is required to have an additional built up area of 1500 sq. mts., which ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 31 otherwise is an individual requirement of built up area to run this course.
33. As noticed above, the NCTE Regulations 2014, for the .
B.Ed course or D.El.Ed./JBT course, clearly provide that in case of composite institution, the infrastructural, instructional and other facilities shall be shared by the various programmes. Once that be so, then we really fail to understand as to which of those facilities that can be shared have in fact been taken into consideration while prescribing the norms for composite institution(s), which otherwise only reiterate the individual requirement of both these institutions i.e. 1500 sq. mtrs. each. If the respondents would have taken into consideration this aspect of the matter obviously then logically and legally, it could not and would not have prescribed the built up area of 3000 sq. mtrs. i.e. 1500+1500 sq. mtrs.
34. It was for this precise reason that the learned counsel for the NCTE had repeatedly sought adjournment to justify the requirement of 3000 sq. mtrs. for the composite course and also apprise this Court as to which of the area had, in fact, been taken into consideration while bearing in mind the note appended to Regulation 6, which not only permitted but mandated the composite institutions to share infrastructural, instructional and other facilities.
35. Unfortunately, the learned counsel for the respondents had no answer and the reason for it is but obvious.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 3236. Evidently, the built up area condition for composite institution running B.Ed. and D.El.Ed./JBT courses has been rendered otiose and nugatory by prescribing the aforesaid regulations. Once .
the expert body, i.e. NCTE itself recognizes and rather acknowledges in its regulations that the infrastructural, instructional and even other facilities can be shared by these two courses, which are primarily to impart education, then obviously, it was required to set off and discount at least some portion of the constructed area towards these other facilities. Therefore, the argument of the respondents that if an act is required to be done in a particular manner, then the same should be done in that manner or not at all itself boomerangs on the case advanced by them.
37. Apart from above, we may also notice that the NCTE in its regulations has nowhere given the break up of the infrastructure as is required by the institution(s) save and except specifying the total built up area to be 1500 sq.mts. or as the case may be. The dimensions of the room have not been specified, save and except multipurpose hall for which, 2000 sq. ft. area has been prescribed.
38. It was in this background that respondents No. 1 and 2- NCTE have placed on record report of the NCTE committee for revisiting existing regulations, norms and standards for various teacher education programmes and related issues and refer to Annexure P-5 therewith.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 3339. A perusal of this annexure even though does go to show that certain dimensions of rooms have though been specified therein, but then admittedly, this annexure does not form part of the NCTE .
Regulations, 2014. It at best can go to indicate that the NCTE while prescribing the requirement of 1500 sq. mts. built up area has done some ground work, but then since this annexure does not form part of the NCTE Regulations, 2014, therefore, we have no hesitation to conclude that probably, the NCTE itself did not agree with the contents of this annexure or else the area mentioned therein could have and rather should have formed integral part of its regulations and the areas of different rooms could have been specified.
Moreover, the aforesaid annexure, as relied upon by respondents No. 1 and 2, does not even deal with issue of composite courses, therefore, the same otherwise is of no assistance to us.
40. It is no longer res integra that the rules and regulations framed by the statutory body like NCTE have the force of law and as such statutory authorities cannot deviate from the statutory provisions. However, in case, there is conflict between the different provisions of the regulations itself that are irreconcilable, obviously, then the same will have to be re-looked, reconsidered and reconciled by the statutory body.
41. In State of T. N. and another vs. Adhiyaman Educational & Research Institute and others (1995) 4 SCC ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 34 104, where the issue was exclusivity attached norms framed by the All India Council for Technical Education (AICTE) when seen in conflict with the State mandated norms for the same academic courses, the .
Hon'ble Supreme Court emphasized the necessities for such central bodies efforts for coordinating and harmonising norms to ensure uniformity.
42. It would be noticed that the Hon'ble Supreme Court itself emphasized that unnecessarily high norms or standards, say for admission to the educational institutions or to pass the examinations, should not be laid down as the same may not only deprive vast majority of the people of the benefit of the education and the qualification, but it will also result in concentrating technical education in the hands of the affluent and elite and in depriving the country of a large number of otherwise deserving technical personnel.
43. Taking cue from the aforesaid judgment, we have no hesitation to conclude that this would be true even when high norms or standards for infrastructure are laid down as the same would also deprive vast majority of the people investing in these institutions and would thereby resulting in concentrating these technical institutions in the hands of the affluent and elite which was not even the intention of the NCTE or for that matter even the AICTE.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 3544. Therefore, it is necessary to bear this aspect of the norms and standards to be prescribed in mind for a major debate before us centered around the right of the NCTE to prescribe standards which .
are totally unrealistic and extremely difficult to meet. Besides that, providing of standards and making a provision therein for sharing of infrastructure has virtually been rendered otiose, as the same infrastructural requirement have been prescribed for running two separate courses i.e. B.Ed and D.El.Ed/JBT.
45. We otherwise see no reason why few of the facilities like reception, toilet(s), library, computer lab, in addition to the multipurpose hall cannot be shared by both courses. Likewise, wherever there are technical courses being run by the AICTE, in addition to the aforesaid, we see no reason why the various labs like integrated psychological lab, technological-cum-language lab, computer lab, audio visual room etc. cannot be shared, especially when the same is specifically provided in the regulations.
46. It would, thus, be noticed that the Council has been entrusted with the task of laying down uniform standards to achieve planned and coordinated development development of the teacher education system. However, the issue still remains at large as to whether while laying down these uniform standards, has there really been planned and pragmatic or systematic study with regard to the infrastructure viz-a-viz hill States. Undoubtedly, a special provision ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 36 though been made for the hill States as also the metropolitan cities, Northern and North-Eastern States of India. However, even though a special provision qua infrastructure has been made for the North-
.
Eastern and hill States of India alongwith metropolitan States. When it gets down to institutes running composite courses, no real endeavour has been made by the Council or else, it would not lay down such unrealistic norms which are otherwise the requirement for institution running individual courses.
47. At the end of the day, we cannot feign ignorance and be oblivious to the fact that these institutions have spent huge amount of money to meet the requirement of infrastructure, library, staff etc. and unfortunately the intake of students is far far less than the one approved. It is rather shocking that in some of the institutes, the intake of student is barely two percent.
48. Therefore, it is not only desirable but crucial that more realistic and pragmatic standard for infrastructure for the hill States be made by the NCTE and other apex bodies who deal with the professional courses or else this would only spell doom upon the existing institutions. Therefore, it is imperative to lay down norms or standard which are more realistic so as to ensure that these institutions ultimately do not land up or get concentrated in the hands of the affluent and few elite.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 3749. As observed earlier, the respondents No. 1 and 2 have not set off any area or made provision for sharing of the infrastructural, instructional and other facilities, even though after .
having mandatorily provided for the same in its regulation, thereby it has rendered the provision as otiose and redundant. Therefore, its action of prescribing and thereafter insisting on the additional built up area of 1500 sq. mts., for the institution (s) already running both B.Ed and JBT/D.El.Ed. Courses, being illegal, arbitrary besides being unjustified, is quashed and set aside.
50. The NCTE is directed to undertake comprehensive study and thereafter make suitable amendments in the NCTE Regulations, 2014 by setting off and counting those areas towards common amenities which can easily be permitted to be shared by the Institutions.
51. Before parting, we may note that one of the objections that was strongly raised by the respondents No.1 and 2-NCTE was with regard to the maintainability of this petition in light of the decision of the Hon'ble Supreme Court in National Council For Teacher Education and others vs. Shri Shyam Shiksha Prashikshan Sansthan and ors., (2011) 3 SCC 238, wherein the Hon'ble Supreme Court has directed the NCTE to ensure that in future no institution is granted recognition unless it fulfills the conditions laid down in the Act and the regulations and the time schedule fixed ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 38 for processing the application by the Regional Committees. In addition thereto, they would argue that since all the institutes are being run by the societies, which are governed by their adopted .
constitutions, therefore, the petitioner-association being not an association of definite individuals cannot be termed as juristic person and has no right or locus standi to file the writ petition, and deserves to be dismissed.
52. We have considered these submissions and find the same to be without merit. There cannot be any quarrel as to the ratio laid down in the judgment cited above. However, as already observed earlier, this Court is only concerned with the regulations framed by the NCTE and its strict adherence not only by the institutions/societies on the one hand but by the NCTE itself. The NCTE after having framed the regulations permitting sharing of infrastructural, instructional and other facilities that too in mandatory form cannot back out, which otherwise are existing as alone requirement for individual institutions for running B.Ed. and JBT/D.El.Ed. Courses, as the case may be.
53. As regards the contention of maintainability, the same is totally misplaced as the petitioner is an association of all those institutions that are running the courses as aforesaid and are directly affected by the non implementation of the provisions of the NCTE Regulations, 2014 itself.
::: Downloaded on - 15/09/2018 22:59:27 :::HCHP 3954. The petition is disposed of in the aforesaid terms leaving the parties to bear their own costs. Pending application(s), if any, also stands disposed of.
.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 14th September, 2018 (pankaj/sanjeev) ::: Downloaded on - 15/09/2018 22:59:27 :::HCHP