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VIPIN SANGHI, NAVIN CHAWLA
National Council For Teacher Education – Appellant
Versus
Om College Of Education – Respondent
ORDER
Navin Chawla, J. - The present batch of appeals have been filed by the appellants -the National Council for Teacher Education (hereinafter referred to as the 'NCTE') and the Directorate of Elementary Education, Government of Rajasthan, respectively, challenging the judgment dated 12.04.2021 passed by the learned Single Judge in W.P. (C) 2069/2021 and 2395/2021 filed by the respective respondents no.1 - institutes [hereinafter referred to as 'Respondent Institutes']. By the Impugned Judgment, the learned Single Judge has disposed of the two writ petitions with the following directions:
'2 4. In these circumstances, the petitions are disposed of with the following directions: -
a. The Directorate of Elementary Education, Government of Rajasthan is directed to nominate an expert to participate in the selection committee of the faculty for the petitioner-institutions within a period of one week from today.
b. In the event the State of Rajasthan nominates its expert within the aforesaid period, the expert and the State of Rajasthan will cooperate in the expeditious conduct of the selection process, so that the process of faculty approval is concluded within a period of four weeks ther
State policies cannot impede the NCTE's exclusive authority in granting recognition to educational institutions under the National Council for Teacher Education Act.
NCTE has the final authority over recognition applications regardless of state restrictions, which limits the state's role to recommending actions without binding NCTE's decisions.
The NCTE Act grants exclusive authority to the NCTE for recognition and de-recognition of educational institutions, limiting the State's role to a formal approval process.
The court found that minority institutions can be regulated by the State regarding admissions while retaining their autonomy, ensuring compliance with educational standards and merit without violatin....
The central legal point established in the judgment is the interpretation and application of Regulation 12 of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2....
Submission of No Objection Certificate is a mandatory requirement for recognition; failure to provide it leads to application rejection.
The right to establish educational institutions is a fundamental right under Article 19(1)(g) and can only be restricted by law; a mere policy decision cannot impose a general ban on new institutions....
The National Council for Teacher Education has the final authority in determining the intake capacity for B.Ed. courses, superseding any university restrictions, ensuring compliance with established ....
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