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2024 Supreme(AP) 384
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO, J.
Sri Venkateswara College Of Education -Appellant
Versus
The State Of Andhra Pradesh and Others - Respondents
Writ Petition No. 21656 of 2024
Decided on : 15-10-2024
Advocate Appeared:
For the Appellant : Y ANUPAMA DEVI
For the Respondent: S PARINEETA, GP FOR HIGHER EDUCATION
IMPORTANT POINT
The NCTE has exclusive authority to determine recognition and intake capacity based on institutional standards, and courts cannot mandate such decisions.
Headnote:
Education - Writ Petitions - National Council for Teachers Education Act, 1993 - Sections 12, 14 - The court emphasized the authority of the NCTE in granting recognition and increasing intake based on institutional standards and infrastructure.
Fact of the Case:
Petitioner-colleges filed writ petitions challenging the refusal of recognition for an additional intake of 200 students for B.Ed. courses, claiming the decision was arbitrary and violated natural justice principles.
Finding of the Court:
The court found that the NCTE has the final authority to grant recognition and that its decisions are binding. The court emphasized that the increase in intake capacity is contingent upon the institution meeting specific standards.
Issues: Whether the refusal to grant additional intake seats to the petitioner-colleges was arbitrary and if the court could direct the respondents to permit such an increase.
Ratio Decidendi: The court held that the decision to grant additional intake lies solely with the NCTE based on institutional standards, and the court cannot interfere in the wisdom of the Council's decision.
Result: The writ petitions are dismissed.
JUDGMENT :
The Court made the following common order:-
As the issue in these two writ petitions is one and the same, these writ petitions are being disposed of by way of this common order.
2. These two writ petitions are filed to declare the action of 3rd and 4th respondents in not granting the recognition for annual intake of 200 students 4 units for admission into Bachelor of Education Courses for the academic year 2024-2025 as arbitrary and the petitioner-colleges unable to participate total 200 intake in admission process for regular B.Ed., Course for the academic year 2024-2025 is illegal, arbitrary and contrary to the provisions and violation of principles of natural justice and consequently direct 3rd and 4th respondents to issue Formal Recognition for another seats in addition to existing seats to the petitioner-colleges for total annual intake of 200 students 4 units and permit to participate in admission process for total intake of 200 students 4 units for the academic year 2024-2025 to the said courses.
3. Heard learned counsel for the petitioner-Colleges, learned Government Pleader for Higher Education for respondent No.1, Ms S.Parineeta, learned Standing Counsel for respondent No.2, Sri V.Hemanth Kumar, learned Standing Counsel for respondent 3 and 4 and Sri Murali Lincoln, learned Standing Counsel for respondent No.5.
4. The petitioner-colleges are seeking a direction from this Court for respondents 3 & 4 to increase the number of additional intake seats beyond the existing ones, which have not been considered, hence, these writ petitions.
5. In this regard, it is appropriate to refer Sections 12 and 14 of the National Council for Teachers Education Act, 1993 which is extracted here under:
Section 12 : Functions of Council. It shall be the duty of 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 purposes of performing its functions under this Act, the Council may—
(a) undertake surveys and studies relating to various aspects of teacher education and publish the result thereof;
(b) made recommendations to the Central and State Governments, Universities, University Grants Commission and recognized institutions in the matter of preparation of suitable plans and programmes in the field of teacher education;
(c) co-ordinate and monitor teacher education and its development in the country;
(d) lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or in recognized institutions;
(e) lay down norms for any specified category of courses or trainings in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of curriculum;
(f) lay down guidelines for compliance by recognized institutions, for starting new courses or training, and for providing physical and instructional facilities, staffing pattern and staff qualifications;
(g) lay down standards in respect of examinations leading to teacher education qualifications, criteria for admission to such examinations and schemes of courses or training;
(h) lay down guidelines regarding tuition fees and other fees chargeable by recognized institutions;
(i) promote and conduct innovation and research in various areas of teacher education and disseminate the results thereof;
(j) examine and review periodically the implementation of the norms, guidelines and standards laid down by the Council, and to suitably advise the recognized institutions;
(k) evolve suitable performance appraisal systems, norms and mechanisms for enforcing accountability on recognized institutions;
(l) formulate schemes for various levels of teacher education and identify recognized institutions and set up new institutions for teacher development programmes;
(m) take all necessary steps to preven
