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1 - 9 of 9 (0.25 seconds)Section 5 in The National Council For Teacher Education Act, 1993 [Entire Act]
Govt. Of A.P. & Anr vs J.B. Educational Society & Anr., Etc on 23 February, 2005
(ii) Govt. Of A.P. & Anr vs J.B. Educational Society & Anr.,
(2005) 3 SCC 212.
National Council For Teacher Education vs Maa Sharda Shikshan Evam Prashikshan ... on 17 October, 2019
27. Now, I proceed to examine as to whether the state has the
power to restrict number of institutions coming up in the state and
if yes, what is the stage. Learned AAG's stand that the state has
the power to restrict the number of institutions was mainly based
(Downloaded on 25/10/2021 at 09:33:36 PM)
(16 of 21) [CW-2359/2021]
on the judgment of Hon'ble the Supreme Court in the case of
National Council for Teacher Education & Ors. Vs. Shri Shyam
Shiksha Prashikshan Sansthan & Ors. (supra). But then, the
applicability of the judgment is required to be examined in light of
facts and statute involved therein.
B D M L Shikshan Sansthan vs State (Education Department)Ors on 20 October, 2016
11. Learned counsel further submitted that in the identical
circumstances, the Jaipur Bench of this Court has recently allowed
the writ petitions vide judgment dated 06.10.2021, rendered in a
group of cases led by S.B. Civil Writ Petition No.1712/2021
(B.D.M.L. Shikshan Sansthan Vs. State & Ors.).
State Of Rajasthan vs Lbs B.Ed. College . on 8 September, 2016
(20 of 21) [CW-2359/2021]
"9.20. Thus, from above, it is apparent that prior
to the NCTE granting final recommendations, the State
had a limited say to the extent of giving its opinion to
the NCTE, otherwise, the role of the State Government
is very formal one as held in State of Rajasthan Vs.
L.B.S. B.Ed. College & Ors. (supra) and the State is
not expected to obstruct commencement of the
admission process once recommendation is granted
and affiliation is found to be acceptable. However, it
appears that the State authorities are not able to
digest the verdict of the Supreme Court and are bent
upon time and again initiating unnecessary and
unwarranted litigation before this Court. The officers
holding the helm of affairs of the State Government
are expected to act with more caution and care.
9.21. In view thereof, the order impugned dated
04/12/2020 passed by the authorities based on the
inspection conducted on the directions of the Principal
Secretary, School Education dated 19/11/2020 is
found to be illegal and the State could not have denied
NOC/affiliation to the petitioners-institutions once they
were duly recognized by the NCTE for running D.El.Ed.
Course. The consequential action of not including the
petitioners- institutions for counselling on the said
basis and in treating the petitioners-institutions de-
recognized is also held to be bad in law and in
contravention with the provisions of the NCTE Act,
1993.
Section 4 in The National Council For Teacher Education Act, 1993 [Entire Act]
Meera Bal Shikshan Avum Prashikshan V ... vs State Of Rajasthan on 3 June, 2020
37. Jaipur Bench in its judgment dated 06.10.2021 in the case of
B.DM.L. Shikshan Sansthan Vs. State of Rajasthan (supra), after
dealing with practically all the judgments on the issue, has held
thus:-
St. Johns Teachers Training Institute vs Regional Director, National Council ... on 7 February, 2003
31. A perusal of para No.16 of the judgment of Hon'ble the
Supreme Court in case of St. Johns Teachers Training Institute
(supra), relied by learned AAG shows that Hon'ble the Supreme
Court has dealt with provisions of the erstwhile Regulations and
guidelines dated 02.02.1996 issued by the NCTE regarding grant
of NOC holding that the state government has power to restrict
mushroom growth of the institutions. In this regard, it would be
relevant to mention that the guidelines of NCTE dated 02.02.1996
in no ambiguous terms postulates that while granting the NOC,
the state would take into account the requirement of establishing
teacher training courses having regard to the number of the live
register of the employment exchanges under all the institutions
etc.
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