Document Fragment View

Matching Fragments

57. Mr. Sharawat further submits that the impugned decision also amounts to usurpation, by the NCTE, of the power conferred on the Regional Committees. The power to grant or withdraw recognition under Sections 14 or 17 of the NCTE Act, vested in the Regional Committees. Any such order passed by the Regional Committee was appealable to the NCTE under Section 18. Sections 12 and 13 enumerated the functions of the NCTE. Section 12 to 18, therefore, constitute a comprehensive code specifically delineating the functions, power and authority of the NCTE and the Regional Committees. They do not permit the NCTE to interfere with the exercise of power by the Regional Committees under Section 14. The Regional Committees were obligated, by Section 14 of the NCTE Act, read with the 2014 Regulations, to consider and decide all applications under Section 14 by examining whether the conditions stipulated in the statutory provisions Digitally Signed Digitally Signed By:AJIT KUMAR WP(C) 12983/2022 & other batch matters By:CHANDRASHEKHAR Signing Signing Date:22.04.2024 Date:22.04.2024 22:30 22:29 statutory procedure. The NCTE could not interfere with, or interdict midway, the exercise of this power by the Regional Committees, much less by an executive decision.

Submissions of Mr. Sanjay Sharawat in rejoinder

87. Responding to the submission of Mr. Balbir Singh, Mr. Sharawat, in rejoinder, submits that, once the NCTE Act was enacted, the powers and functions of the NCTE were circumscribed by its provisions. Section 7 of the NCTE Act, he submits is not a source of power. It merely sets out the procedure to be followed during the meetings of the NCTE. Taking me through the scheme of the NCTE Act, Mr. Sharawat submits that Chapter II contains the provisions 2022 SCC Online SC 1443 1982 (2) SCC 7 1962 Supp (1) SCR 381 1995 (4) SCC 104 44 Signature Not Verified Digitally Signed Digitally Signed By:AJIT KUMAR WP(C) 12983/2022 & other batch matters By:CHANDRASHEKHAR Signing Signing Date:22.04.2024 Date:22.04.2024 22:30 22:29 relating to establishment of the NCTE and Chapter III deals with the functions of the NCTE, containing Sections 12, 12A and 13. These Chapters, he submits, are of no relevance to the dispute at hand. The case of the petitioners has to be decided on the anvil of Chapter IV, which deals with grant of recognition.

88. Mr. Sharawat submits that the NCTE Act envisages clear segregation of powers. The extent of administrative or executive power of the NCTE is circumscribed by Sections 12 and 29. Section 14 has nothing to do with the NCTE. It requires the Regional Committee to dispose of any application filed for recognition of an institution proposing to offer teacher education in the manner specified by the NCTE Regulations. It does not brook interference by the NCTE in exercise of the administrative powers conferred on the NCTE by Sections 12 or 29 of the NCTE Act. He submits that Section 14 is a minutely detailed provision and constitute a self-contained code. The power vested by Section 14 is vested exclusively in the Regional Committees. Referring to Section 20(6) of the NCTE Act, Mr. Sharawat submits that the Regional Committee is an independent albeit subordinate body of the NCTE. The NCTE Act does not contain any provision by which the NCTE can, by executive fiat, truncate a procedure for grant of recognition which has commenced consequent to submission of application under Section 14.

89. In so far as Section 29(1) of the NCTE Act is concerned, Mr. Sharawat submits that the provision binds the NCTE by directions on questions of policy given to it by the Central Government in writing Digitally Signed Digitally Signed By:AJIT KUMAR WP(C) 12983/2022 & other batch matters By:CHANDRASHEKHAR Signing Signing Date:22.04.2024 Date:22.04.2024 22:30 22:29 from time to time, "in the discharge of its functions and duties under this Act". While the NCTE Act permits the Central Government even to supersede the NCTE in the event of disobedience by the NCTE of the directive given by the Central Government under Section 29(1), that does not mean that the Central Government can direct the NCTE to commit an illegality, de hors the provisions of the NCTE Act. No administrative instructions, submits Mr. Sharawat, can be enforced contrary to the provisions of the NCTE Regulations or take away the benefit that the Regulation makes available nor can the Central Government, in exercise of power conferred on it by Section 29(1), empower or direct the NCTE to do so.