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2011 Supreme(Del) 296

IN THE HIGH COURT OF DELHI
Dipak Misra, C.J. and Sanjiv Khanna, J.
Appellants: Saheed Capt. D.K. Khola College of Education
Vs.
Respondent: National Council for Teacher Education and Anr.
[Alongwith LPA Nos. 243, 313, 314, 315, 316, 318, 320, 358 and 359 of 2011]
LPA No. 242 of 2011
Decided On: 20.04.2011

Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Sanjay Sharawat, Adv. in LPA Nos. 242, 243, 313, 314, 315, 316, 318 and 320 of 2011, Raj K. Ruhil and Vivek Malik, Advs. LPA Nos. 358 and 359 of 2011
For Respondents/Defendant: Mayank Manish and Amitesh Kumar, Advs.

Headnote:

National Council for Teachers Education Act, 1993 - Sections 13 & 17--Power and authority to carry any inspection after the recognition--Power of inspection--Fundamental object of the Act is to impart requisite education to the students in the institutions which have proper infrastructure--Sustenance of the standard has its signification--If it is construed that there is no power of inspection it will lead to absurdity--If the Council comes to know from any source that a recognized institution is not functioning in accordance with the provisions of the Act, it can cause an inspection--Sections 13 and 17 have to be read in a harmonious and purposive manner--Appeals dismissed.

JUDGMENT

Dipak Misra, C.J.

1. Not for nothing it has been said, training is the first foundation of life and better than an abstract concept. Training is fundamentally governed by reason which is tested on the touchstone of logic and rational acceptability. It distances itself from desire, habitual disobedience and unfettered feelings. In a cultured society which is governed by Rule of Law, the command of law is an imperative prescription. The collective at large is assured of what is just and right. It ostracises any reason based on ignorance as well as pretence. It does not countenance any allowance to any deviation or artificially contrived path. In a State where the Rule of Law is supreme, it is not expected to have any kind of conflict and hazard which is hostile to it. Warren E. Burgern, in one of his addresses, had spoken thus:

Rule of law places restraints on individuals and on governments alike. This is a delicate, a fragile balance to maintain. It is fragile because it is sustained only by an ideal that requires each person in society, by an exercise of free will, to accept and abide the restraints of a structure of laws.

2. It is apt to note here that sometimes, some individuals and at Ors. times, some institutions managed by individuals, scandalise the role attributed to them for imparting education and training. Sometimes, as the factual expos would uncurtain, the private institutions, which impart training to the students who, in turn, become teachers and teach the students, end eavour to create a state of instability in the name of Rule of Law. One may not be very much wrong if it is called inadequacy and starvation of intellect. One is reminded of the saying that if one is totally truthful, he shall always be courageous and not labour hard to take recourse to the over-stretched concepts and unnecessary labyrinths of interpretation.

3. The question, a pivotal and a spinal one, that arises for determination in this batch of appeals is whether the stand and stance assiduously pyramided by the Appellants to the extent that the Northern Regional Committee (NCR) constituted by the Central Council under the National Council for Teachers Education Act, 1993 (for brevity "the Act?) is devoid of power and authority to carry any inspection after the recognition is granted under Section 14 of the Act, or whether the submission of the NCTE that the Act was enacted by the Parliament to provide for the establishment of a National Council for Teachers Education with a view to achieving planned and coordinated development of the teachers education system throughout the country, the regulation and proper maintenance of norms and standards in teachers education system and for matters connected therewith, and, therefore, the power of inspection has to be an integral part of the scheme of Section 17 of the Act.

4. The proposition that has been canvassed by the institutions fundamentally is that once the Regional Committee grants recognition, it has no power to do anything relating to inspection as the power exclusively vests with the National Council for the same and, therefore, any action for inspection by the Regional Committee is totally sans the authority of law and deserves to be lanceted in exercise of inherent jurisdiction of this Court. The proponement of NCTE is that the interpretation that is placed by the institutions exposes a disturbing phenomenon that corrodes the marrows of the educational institutions which are concerned with imparting education to the students who, in turn, become teachers and eventually the system of education is slaughtered or thrown to the abysmal depth so that the term "teaching", as is understood in the proper paradigm, would lose importance, for a vicious atmosphere is deliberately created.

5. The aforesaid controversy, as we proceed with our deliberations, shall gradually get unfurled and uncurtained. We may note with profit that regard being had to the commonality of issue involved in these appeal























































































































































































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