Madras High Court
Tamil Nadu Self-Financing College vs The National Council Of Teacher on 23 February, 2016
Bench: Sanjay Kishan Kaul, M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.M.SUNDRESH
W.P. Nos.999, 1000, 1970, 1971, 5768,
22782, 34131, 39671 of 2015
and M.P.Nos.1 and 2 of 2015 in WP.34131 of 2015
W.P.No.999 of 2015
Tamil Nadu Self-Financing College
of Education Management Association,
Rep. By its Secretary, Mr.S.Vijayakumar. .. Petitioner
-vs-
1.The National Council of Teacher
Education, Rep. By its Member Secretary,
Hans Bhawan, Wing II, 1, Bahadur Shah
Zafar Marg, New Delhi.
2.The Regional Director,
Southern Regional Committee,
National Council for Teacher Education,
Jnanabarathy Campus Road,
Opp. To National Law School,
Nagarabhavi, Bangalore.
3.The Tamil Nadu Teacher Education
University, Rep. By its Registrar,
Lady Wellington College Campus,
Kamarajar Salai, Chennai.
4.The State of Tamil Nadu,
Rep. By the Secretary to Govt.,
Higher Education Department,
Fort St. George, Chennai.
(R-4 impleaded as per Order dt.
28.07.2015 in MP.3 of 2015) .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration to declaure Clauses 8(1), 8(11), 10 and 11 of NCTE (Recognition, Norms and Procedure) Regulations, 2014 and Clauses 1, 2.1, 3.1 and 5.1 of Appendix-IV and Clauses 1 and 3.1 of Appendix-V of NCTE (Recognition, Norms and Procedure) Regulations, 2014, as null and void, unenforceable, invalid, arbitrary and unjust besides unconstitutional.
For Petitioners
in WP.999 & 1000/2015 : Mr.Muthukumarasamy, S.C.
For Mr.R.Sureshkumar
in WP.1970 & 1971/2015 : Mr.E.Vijay Anand
in WP.5768/2015 : Mr.N.R.Chandran, S.C.
For Mr.R.Kannan
in WP.22782/2015 : Ms.G.Thilakavathy
in WP.34131/2O15 : Mr.N.G.R.Prasad
for M/s.Row & Reddy
in WP.39671/2015 : Mr.P.Harikrishnan
For Respondents
RR 1 and 2 in all WPs. : Mr.K.Ramakrishna Reddy
R-3 in WP.999, 1000, 1970
& 1971/2015 : Mr.U.Venkatesan
R-3 in WP.22782, 34131
& 39671/2015 : Mr.G.Anantharangan
R-3 in WP.5678/2015 : Ms.A.V.Bharathi
R-4 in WP.999 & 22782/2015: Mr.D.Krishnakumar,
Spl.G.P.
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) We have heard the learned counsel for the parties yesterday and today. The challenge is to the statutory regulations and considering the implicit limitation in the scope of scrutiny of such statutory regulations, learned counsels for the petitioners fairly state that they will confine it to some aspects, which seem to create practical difficulties and what they are requesting is that those aspects may be examined and considered.
2.In the aforesaid context, learned counsel appearing for the association submits that an Expert Committee has been appointed by the Ministry of Human Resource Development to look into the feed back of the implementation of the impugned regulations and the Committee had sittings throughout the country including at Chennai where the representatives of the petitioner met the Committee. It is, thus, his submission that once the Committee itself is examining the matter, some of the troublesome provisions may not be given effect to till the exercise is completed.
3.A reference is made to Regulations 8 (1) and 8 (11) qua the time periods specified therein. Apart from this, Clauses 5 and 6 of Appendix IV have also been requested to be re-visited. He, thus, submits that the plea on behalf of the petitioners may be confined to an exercise to re-visit these provisions and solve the problems of the petitioners.
4.On the other hand, learned counsel for the respondents / NCTE states that in so far as the grant of time is concerned, sufficient time would be granted to do the needful. He, further, does not dispute that the exercise which the petitioners claim to be underway is actually being carried out.
5.We are, thus, of the view that since the challenge to the statutory regulations is not pressed, but what is prayed is a re-visiting of those provisions, in view of the exercise already being undertaken by the respondents, as also in view of the submission which has been made on behalf of the learned counsel for the respondents, a reasonable view may be taken in this behalf and as stated, sufficient time would be given to implement the same.
6.We may also note that a petition is filed by certain students. In this behalf, really speaking, the students cannot have much of a role, but the only aspect which has been emphasized before us is that when the courses sought to be increased from one year to two years, at least, the time period for completion of the course may be re-visited from the present three years specified. This is in the context of the illustrations given, i.e., the M.B.B.S. 5 years' course has the outer limit of 9 years, the B.E. Course of 4 years has the outer limit of 7 years and the M.Phil. course of 8 semesters has the outer limit of 12 semesters. In this context, it is submitted that the outer limit should be four years rather than three years. This representation again can be examined by the Committee keeping in mind the outer limits of other courses.
7.The respondents, thus, may carry out the exercise as early as feasible. The learned counsel for the respondents states that no coercive steps would be taken to implement the rigors of the aforesaid provisions till a final decision is taken. The said statement is taken on record.
8.All the writ petitions are, thus, closed in the aforesaid terms. No costs. Consequently, connected miscellaneous petitions also stand closed.
(S.K.K., CJ.) (M.M.S., J.) 23.02.2016 Index : Yes/No Website : Yes/No sra To
1.The Member Secretary, National Council of Teacher Education, Hans Bhawan, Wing II, 1, Bahadur Shah Zafar Marg, New Delhi.
2.The Regional Director, Southern Regional Committee, National Council for Teacher Education, Jnanabarathy Campus Road, Opp. To National Law School, Nagarabhavi, Bangalore.
3.The Registrar, Tamil Nadu Teacher Education University, Lady Wellington College Campus, Kamarajar Salai, Chennai.
4.The Secretary to Govt. of Tamil Nadu, Higher Education Department, Fort St. George, Chennai.
The Hon'ble Chief Justice and M.M.Sundresh, J.
(sra) W.P.Nos.999, 1000, 1970, 1971, 5768, 22782, 34131 and 39671 of 2015 23.02.2016