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1993 Supreme(SC) 545

SUPREME COURT OF INDIA
KULDIP SINGH AND N.P. SINGH, JJ.
St. Johns Teacher Training Institute (for Women), Madurai, etc. etc., Appellants
Versus
State of T.N. and others, etc. etc., Respondents.
Civil Appeals Nos. 2914 - 16 of 1993 (arising out of S.L.P. (Civil) Nos. 6720-22 of 1993), with C.A. Nos.2937, 3040-40A, 3002, 3014, 2983-85, 3041 and 2945-54 etc. etc. of 1993 (arising out of S.L.P. (C) Nos. 5346, 6389-91. 6957, 6757 -59, 7058-60, 7340 and 7326-35 etc. etc. of 1993),
D/- 15-6-1993.

Advocates:
A.CHANDRASEKARAN, A.FRANCIS JULIAN, A.K.SINHA, ARPUTHAM, ARUNA P.CHANDRASEKHRAN, ARUNESHVAR GUPTA, B.RABU MANOHAR, K.K.VENUGOPAL, K.PARASARAN ATTORNEY, K.V.MOHAN, K.V.VIJAYAKUMAR, KAILASH VASUDEV, M.A.KRISHNAMURTHY, MARTIN G.THOTTAN, N.SANTOSH HEGDE, P.CHIDAMBARAM, P.D.DINAKARAN, P.R.SITHARAMAN, PAVAN BAHL, PUSHPANDRA SINGH BHATIA, R.MOHAN, R.NEDUMARAN, REVATHY RAGHAVAN, SELVAR CHENAVE, SHANTI BHUSHAN, SHIVASUBRAMANIAM, SOLI J.SORABJI, V.BALACHANDRAN, V.KRISHNAMURTHY, V.RAMACHANDRA RAO

Headnote:Constitution of India, Art. 30, 226 & 227-training institute established for providing teachers training to women-institute not fulfilling the conditions prescribed by the State of Tamilnadu recognization of the institution-High Court passing interim orders for allowing the students of such institute to appear in the ensuing examinations pending disposal of the writ applications-writ petitions, however, dismissed-challenge of on the ground of Art. 30 - the High Court rightly emphasised the need for maintaining very high standards of Education, sports, administration and maintenance - institutions are established with the avowed object of training teachers and educationist who have to shoulder the responsibility of moulding the nation-High Court has examined the legality of Recognition Rules and has discussed in detail and found that none of the conditions intract Art. 14 and 30(1)-this court can not go into these questions-Court should not have passed interim order directing the respondents to allow the teachers of unrecognised institutions to appear at the examinations - such teachers can not derive any benefit on the basis of such interim orders when ultimately the main writ applications have dismissed by the High Court-1986 (supp) SCC 166, 1988 (4) J.T., 431, 1986 (2) SCC 667 & (1991) 3 SCC 87 rel. on, 1959 SCR 995, (1963) 3 SCR 837, (1968)1 SCR 833, (1971) 1 SCR 734, (1971) Supp. SCR 6, (1975) 2 SCC 283, (1979) 1 SCR 820, (1980)2 SCR 924, (1985)1 SCR 410, (1986) 4 SCC 707, (1988) 1 SCC 206, (1991)1 4 JT, 548, (1975)1 SCR 173.

       (Paras 9, 11, 16, 17 & 20)

Judgment

KULDIP SINGH, J.:- These bunch-appeals are by the Teachers Training Institutes in the State of Tamil Nadu. They claim to be the minority educational institutions in terms of Art. 30(1) of the Constitution of India. The State Government has declined to recognise these institutes on the ground that they have failed to satisfy the conditions for grant of recognition as provided under the Tamil Nadu Minority Schools (Recognition and Payment of Grants) Rules, 1977 as amended by the Government Order No. 536 dated May 17, 1989 and Government Order No.661 dated June 12, 1991. (Recognition Rules)

2. The appellants challenged, before the Madras High Court by way of writ petitions under Art. 226 of the Constitution, the validity of the Recognition Rules, inter alia, on the grounds that the said Rules are violative of Arts. 30(1) and 14 of the Constitution of India. A Division Bench of the High Court consisting of M. Srinivasan and Thangamani, JJ. dismissed the writ petitions. M. Srinivasan J., who spoke for the Bench, has given a scholarly judgment. The case-law on the subject has been dealt with in detail and the conclusions culled out succinctly. The High Court judgment has been of utmost assistance to us. These appeals via special leave are by the Teachers Training Institutes against the judgment of the Division Bench of the High Court.

3. We announced our conclusions in these matters dismissing the appeals and special leave petitions on May 25, 1993. Now we proceed to give our reasoned judgment.

4. The Recognition Rules provide for instructions and teaching practice to be followed, minimum qualifications for teaching and non-teaching staff and the following additional conditions to be satisfied by a teachers training institute to qualify for grant of recognition :-

1. The Teachers Training Institute should have at least 10 acres of suitable land of its own, to be used for construction of Building for Institution and Administration and for Hostel Accommodation and staff quarters and also for Play Ground purposes;

2. The Institution Building must consist of suitable rooms to provide for class rooms with roughly 60 sq. feet of carpet area per inmate, one Auditorium cum projection hall with an area of about 2000 Sq. feet. Laboratory and Special Rooms, Library Staff-Rooms separately for Men and Women staff, Principals Room, Office Room. Store Room for Craft and Physical Education articles. Toilet facilities separately for men and women and womens Common Room;

3. Bath rooms and toilets should he provided, if the Institution is meant for both sexes separate. Such facilities should be provided for men and women teaching staff, non-teaching staff and men and women candidates. As far as bath rooms and toilets are concerned arrangements should be made at the rate of one for ten inmates.

4. (a) Adequate furniture and office equipment including furnitures for class rooms, Library, Laboratory and other rooms should be provided to the value of at least a lakh of rupees;

(b) Laboratory equipments worth at least lakh of rupees should be provided for Science, Geography, Home;

(c) Teaching appliances, audio visual aids, charts, maps, etc. worth about Rs. 50,000/- should be provided;

(d) Sports / Games / Arts / Music Equipments worth about Rs. 50,000/- should be provided.

(e) Equipment and Material for work experience worth about Rs. 50,000/-should be provided.

5. A room with a space of approximately1000 sq. ft. with sufficient storage space to keep the equipment furnishings to organise various learning situations, and provision to observe the trainees at work in the laboratory situations, without being noticed has to be provided. Sufficient furnitures such as, working tables and almirahs should be provided.

6. Each Teacher Training Institution should have a good library with at least 10,000 volumes of back and reference books worth at least a lakh of rupees;

7. Play ground space for sports, gymnastics and other Physical Education activities with an area abo











































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