IMPORTANT POINT
Students admitted in unrecognized institutions and not completing minimum days of teaching; even though allowed to provisionally appear in the examination by Courts are not entitled to declaration of results.

Headnote:(a) Constitution of India – Articles 32 and 226 – Public Interest Litigation (PIL) – Petitioner must genuinely espouse public cause – The litigation should not be guided by any ulterior motive or a publicity gimmick – To bring transparency in governance of the state with no other consideration than public interest – Respondents raising important issues of public interest – PIL rightly entertained by High Court. (Para 16, 18)
       (2010) 3 SCC 402; (1998) 1 SCC 226; (2003) 7 SCC 532; (2006) 6 SCC 613; (2007) 1 SCC 110; (2008) 1 SCC 407 – Relied upon
       (b) Constitution of India – Article 226 – PIL – Natural Justice – Audi Alterma Partem – High Court passing orders of general application – Not targeting any particular institution – Ruled of natural justice not attracted. (Para 19)
       (c) National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 – Regulations 7(2) and (3) – State Government/Union Territory Administration entitled to make recommendations for grant of recognition – Such recommendation required to be considered by the concerned Regional Committee before taking a final decision on the application. (Para 25)
       (2003) 3 SCC 321; (2005) 3 SCC 212; (2006) 9 SCC 1; (2011) 3 SCC 238 – Relied upon
       (d) National Council for Teacher Education Act, 1993 – Sections 14(3), 15(3) and 17A r/w Regulation 7(2), (3),(4), (5) and (9), and 8(10), National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 – Provisions mandatory – Must be fulfilled before application for recognition is considered – No recognition/permission can be granted to any institution unless the mandatory conditions contained in Sections 14(3) or 15(3) and relevant clauses of Regulations 7 and 8 are fulfilled – In view of the section 17A r/w regulation 8(10), no institution can admit any student unless it has obtained unconditional recognition from the Regional Committee and affiliation from the examining body. (Para 25, 26)
       (e) Education Law – Admission procedure – Admission to be made as per list prepared on basis of entrance examination – Private institutions not challenging vires of admission procedure – Contending entitlement to admit students de hors the list – Not permissible. (Para 27)
       (f) National Council for Teacher Education Act, 1993 – Act, 1993 – Sections 14(3)(a) of the 1993 Act and Regulations 7 and 8, National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 – Procedures to be adopted for recognition, affiliation and examination reiterated. (Para 33)
       (g) National Council for Teacher Education Act, 1993 – Act, 1993 – Sections 14(3)(a) of the 1993 Act and Regulations 7 and 8, National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 – Education Law – Examination and result – Students taking admission in unrecognized institutions Allowed to provisionally appear in the examination by Courts – Declaration of result – Students not completing minimum days of teaching – Whether can take up examination – Whether writ of mandamus lies – No, they are not entitled to any relief. (Para 34)
       (1986) 2 SCC 667; (1986) Supp. SCC 166; (1992) 4 SCC 435; (1993) 3 SCC 595; (1986) 2 SCC 667; (2003) 3 SCC 321; (2011) 3 SCC 238 – Relied upon
       (1989) 1 SCC 392; (2005) 3 SCC 618; (1987) 1 SCC 227 – Referred
       Facts of the case:
       This case once again emphasises the need for qualified and trained teachers.
       Finding of the Court:
       No interference is required in the impugned judgments.
       Result: Appeals dismissed.

JUDGMENT

G. S. Singhvi, J.-Leave granted.

2. The importance of teachers and their training has been highlighted time and again by eminent educationists and leaders of society. The Courts have also laid considerable emphasis on the dire need of having qualified teachers in schools and colleges.

2.1. In Ahmedabad St. Xavier's College Society v. State of Gujarat (1974) 1 SCC 717, A.N. Ray, C.J., observed:

"Educational institutions are temples of learning. The virtues of human intelligence are mastered and harmonised by education. Where there is complete harmony between the teacher and the taught, where the teacher imparts and the student receives, where there is complete dedication of the teacher and the taught in learning, where there is discipline between the teacher and the taught, where both are worshippers of learning, no discord or challenge will arise. An educational institution runs smoothly when the teacher and the taught are engaged in the common ideal of pursuit of knowledge. It is, therefore, manifest that the appointment of teachers is an important part in educational institutions. The qualifications and the character of the teachers are really important. The minority institutions have the right to administer institutions. This right implies the obligation and duty of the minority institutions to render the very best to the students. In the right of administration, checks and balances in the shape of regulatory measures are required to ensure the appointment of good teachers and their conditions of service. The right to administer is to be tempered with regulatory measures to facilitate smooth administration. The best administration will reveal no trace or colour of minority. A minority institution should shine in exemplary eclectism in the administration of the institution. The best compliment that can be paid to a minority institution is that it does not rest on or proclaim its minority character. Regulations which will serve the interests of the students, regulations which will serve the interests of the teachers are of paramount importance in good administration. Regulations in the interest of efficiency of teachers, discipline and fairness in administration are necessary for preserving harmony among affiliated institutions. Education should be a great cohesive force in developing integrity of the nation. Education develops the ethos of the nation. Regulations are, therefore, necessary to see that there are no divisive or disintegrating forces in administration."

2.2. In Andhra Kesari Education Society v. Director of School Education (1989) 1 SCC 392, this Court observed:

"Though teaching is the last choice in the job market, the role of teachers is central to all processes of formal education. The teacher alone could bring out the skills and intellectual capabilities of students. He is the `engine' of the educational system. He is a principal instrument in awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would inspire and motivate into action the benefiter. He must keep himself abreast of ever-changing conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds. His involvement in national integration is more important, indeed indispensable. It is, therefore, needless to state that teachers should be subjected to rigorous training with rigid scrutiny of efficiency. It has greater relevance to the needs of the day. The ill-trained or sub-standard teachers would be detrimental to our educational system; if not a punishment on our children. The government and the University must, therefore, take care to see that inadequacy in the training of teachers is not compounded by any extraneous consideration."

2.3. In State of Maharashtra v. Vikas Sahebrao Roundale (1992) 4 SC

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2012 Supreme(SC) 13

IMPORTANT POINTStudents admitted in unrecognized institutions and not completing minimum days of teaching; even though allowed to provisionally appear in the examination by Courts are not entitled to declaration of results.

Cases Referred (17)

IMPORTANT POINT
Students admitted in unrecognized institutions and not completing minimum days of teaching; even though allowed to provisionally appear in the examination by Courts are not entitled to declaration of results.