JUDGMENT

C. Hari Shankar, J. - The petitioner college is engaged in running teacher training programmes, and is recognised, for the said purpose, by the National Council for Teacher Education (Respondent No. 1 herein and referred to, hereinafter, as "NCTE").

The Statutory Scenario

Relevant provisions of the National Council for Teacher Education Act, 1993

2. Teacher education, in India, is governed by the provisions of the National Council for Teacher Education Act, 1993 (hereinafter referred to as "the NCTE Act"), enacted on 29th December, 1993. The Act provides for the establishment of the NCTE, which operates through Regional Committees, i.e. the North Regional Committee (NRC), the East Regional Committee (ERC) and South Regional Committee (SRC).

3. Chapter IV of the NCTE Act deals with "Recognition of teacher education institutions". Sections 14 and 15, thereunder, read thus:

"14. Recognition of institutions offering courses or training in teacher education. -

(1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:

Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of 6 months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee.

(2) The fee to be paid along with the application under sub- section (1) shall be such as may be prescribed.

(3) On receipt of an application by the Regional Committee from any institution under sub- section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall, -

(a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or

(b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub- clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing:

Provided that before passing an order under sub- clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation.

(4) Every order granting or refusing recognition to an institution for a course or training in teacher education under sub- section (3) shall be published in the Official Gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State Government and the Central Government.

(5) Every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub- section (3).

(6) Every examining body shall, on receipt of the order under sub- section (4), -

(a) grant affiliation to the institution, where recognition has been granted; or

(b) cancel the affiliation of the institution, where recognition has been refused.

15. Permission for a new course or training by a recognised institution. -

(1) Where any recognised institution intends to start any new course or training in teacher education, it may make an application to seek permission therefor to the Regional Committee concerned in such form and in such manner as may be determined by regulations.

(2) T