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It has also been held that institutions, which have created infrastructure for establishing the colleges and more particularly, the institutions in whose favour Letters of Intent have been issued by the NCTE, cannot be deprived of their rights of running a teacher education programme and admit students, if they otherwise fulfill requisite eligibility criteria, of course, once recognition has been granted.

14. The National Council for Teacher Education Act, 1993 (Act No. 73 of 1993) was enacted by the Parliament and amended from time to time to provide for the establishment of a National Council for Teacher Education with a view to achieve planned and co-ordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system including (19 of 36) [SAW-244/2022] qualifications of school teachers and for matters connected therewith. Section 3 thereof provides for establishment of the Council. Chapter III of the NCTE Act of 1993 makes provisions regarding functions of the Council. Section 12 of the NCTE Act of 1993 provides that it shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and co- ordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purpose of performing its functions under the NCTE Act of 1993, the Council may:

63. In the instant case, admittedly, Parliament has enacted the 1993 Act, which is in force. The Preamble of the Act provides for establishment of National Council for Teacher Education (NCTE) with a view to achieving planned and coordinated development of the teacher-education system (32 of 36) [SAW-244/2022] throughout the country, the regulation and proper maintenance of norms and standards in the teacher-education system and for matters connected therewith. With a view to achieving that object, the National Council for Teacher Education has been established at four places by the Central Government. It is thus clear that the field is fully and completely occupied by an Act of Parliament and covered by Entry 66 of List I of Schedule VII. It is, therefore, not open to the State Legislature to encroach upon the said field. Parliament alone could have exercised the power by making appropriate law. In the circumstances, it is not open to State Government to refuse permission relying on a State Act or on "policy consideration".

74. It is thus clear that the Central Government has considered the subject of secondary education and higher education at the national level. The Act of 1993 also requires Parliament to consider teacher-education system "throughout the country". NCTE, therefore, in our opinion, is expected to deal with applications for establishing new BEd colleges or allowing increase in intake capacity, keeping in view the 1993 Act and planned and coordinated development of teacher-education system in the country. It is neither open to the State Government nor to a university to consider the local conditions or apply "State policy" to refuse such permission. In fact, as held by this Court in cases referred to hereinabove, the State Government has no power (33 of 36) [SAW-244/2022] to reject the prayer of an institution or to overrule the decision of NCTE. The action of the State Government, therefore, was contrary to law and has rightly been set aside by the High Court.