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1. Brief background of the case, as disclosed in this bunch of writ petition, is that in the district of Mainpuri, there is an institution known as Shri Chitragupta Mahavidyalaya, Mainpuri. Said institution is affiliated to Dr. B.R. Ambedkar University, Agra, and affairs of the same are to be run and managed strictly in consonance with the provisions as contained under the U.P. State Universities Act, 1973 and the First Statute of the aforementioned University.

2. The National Council of Teachers' Education Act 1993 (in short the NCTE Act 1993) was enacted by the Parliament in reference to Entry-66 of List-1 of Vllth Schedule appended to Constitution of India for achieving the planned and coordinated development of teachers' education and for regulating and maintaining proper norms and standards in the teachers' education. The said Act received assent of the President on 19.12.1993 and came into force on 01.07.1995. The National Council of Teachers Education was established on 17.08.1995 and the Regional Committees were constituted under Section 20(i)(iii) of the National Council for Teacher Education Act, 1993 on 06.01.19966. Prior to same Regulations prescribing the standard for granting recognition in exercise of power vested under Clause (f) and (g) of Sub-section (2) of Section 32 read with Sections 14 and 15 of the National Council for Teacher Education Act, 1993 were made on 29.12.1995. Regulation 7 dealt with time limit for making applications. Clear cut distinction has been made, in between institution, which has been offering course or training in teacher education, immediately before the appointed date i. e. 17.08.1995, by giving them liberty to make an application, so as to reach concerned Regional Committee within period of six months and qua the institutions who were intending to offer a course of training in teacher education, were required to move application so as to reach concerned Regional Committee by 31st of December every year for commencement of course or training from next academic session. Regulation 8 dealt with condition of recognition, as per which Regional Committee has to satisfy itself on the basis of scrutiny and verification of facts, that the institution has adequate financial resources, accommodation, library, qualified staff, laboratory and such other conditions required for proper functioning of the institution for the course or training which are being offered or intending to be offered. Regulation 9 obliges Regional Committee to ensure that conditions prescribed for grant of permission to recognize institution, to start new course or training is fulfilled.

(a) if it is satisfied that such 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 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;

(a) if it is satisfied that such recognized institution has adequate financial resources, accommodation if it is satisfied that such 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 determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or

9. At the very outset, it would be relevant to note here that National Council for Teacher Education established under the National Council for Teacher Education Act, 1993 is competent to lay down norms and guidelines for achieving the planned and coordinated development of teachers' education and for regulating and maintaining proper norms and standards in the teachers' education and training. The validity of National Council for Teacher Education Act, 1993 had been subject matter of challenge before Hon'ble Apex Court in case of Union of India v. Shah Goverdhan L. Kalra Teachers College and the validity of the same has been upheld. A bare perusal of Act would go to show that "appointed day" has been defined under Section 2(a) of the Act as the date when National Council for Teacher Education is established under Section 3(i) i. e. 17.08.1995, which is the appointed day. Section 2(d) defines "examining body" as a University, agency or authority to which an institution is affiliated for conducting examinations in teacher education qualification. Section 2(e) defines "institution" as an institution which offers course or training in teacher education. Section 2(i) defines "recognized institution" as an institution recognized by the Council under Section 14. Section 2(i) defines "teacher education" as programmes of education, research or training of persons for equipping them to teach a pre-primary, primary, secondary and senior secondary stage in schools, and includes non-formal education, part time education, adult education and correspondence education. Section 2(m) defines "teacher education qualification" as a degree, diploma or certificate in teacher education awarded by a University or examining body in accordance of provisions of this Act. Section 2(n) defines "University" as a University defined under Clause (f) of Section 2 of the University Grant Commission, 1956 and includes an institution deemed to be a University under Section 3 of the Act. Section 12 deals with the Functions of the Council, which obligates 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 this Act. Section 14 deals with Recognition of institutions offering course or training in teacher education. Said section obligates that every institutions offering or intending to offer a course of 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. The Proviso attached said Section 14 provides that the institution, who was 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. Sub-section (2) of Section 14 prescribes fee which is to be paid along with the application under Sub-section (1) of Section 14. Sub-section (3) of Section 14 provides that Regional Committee on receipt, if it is satisfied that such 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 determined by regulations. If every pre-requisite terms and conditions are fulfilled, then an order of recognition is to be passed, subject to such conditions as may be determined by regulations. In the event of not fulfilling the requirements recognition has to be refused by recording reasons. Obligation is further cast upon Regional Committee, before proceeding to refuse recognition, to provide a reasonable opportunity to the concerned institution for making a written representation. Sub-section (4) of Section 14 thereafter provides that every order granting or refusing recognition to an institution for a course or training in teacher education has to be published in Official Gazette and has to be communicated in writing to such institution and to the concerned examining body, the local authority or the State Government and the Central Government. Sub-section (5) of Section 14 provides that every institution, in respect of which recognition has been refused shall discontinue the course or 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). Sub-section (6) of Section 14 obligates that every examining body shall, on receipt of the order under Sub-section (4), grant affiliation to the institution, where recognition has been granted; or cancel the affiliation of the institution, where recognition has been refused. Section 15 of the Act deals with permission for a new course or training by recognized institution. Said Section provides that where any recognized institution intends to start any new course or training in teacher education, it may make an application to seek permission thereof to the Regional committee in such manner as may be determined by regulations. Said Section further provides that said application is to be dealt with by the Regional Committee. Section 16 of the Act deals with by mentioning that affiliating body is to grant affiliation after recognition or permission by the Council. It mandates that on or after the appointed day no affiliation shall be accorded, whether provisional or otherwise, to any institution and said institution shall not be accorded permission to hold examination, whether provisionally or otherwise, unless the institution concerned has obtained recognition from the University. Section 17 of the Act deals with Contravention of provisions of the Act. Sub-section (4) of Section 17 provides that where an institution has offered a course or training in teacher education without there being any recognition, said teachers training is not to be treated as a valid qualification for purposes of employment under the Central Government, any State Government or University, or in any school, College or other educational body aided by the Central Government or any State Government.