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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Association of Ncte Approved Colleges Trust – Appellant
Versus
National Council For Teacher Education – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. Vide the present batch of appeals, the Appellants seek to challenge the judgment dated 27.05.2021, passed by the learned Single Judge dismissing a batch of Writ Petitions by which the Appellants herein had sought to challenge a public notice dated 22.09.2019 (hereinafter referred to as `the notice under challenge), issued by the National Council for Teacher Education (hereinafter referred to as `the NCTE`). The notice in question reads as under:
"PUBLIC NOTICE
The National Council for Teacher Education is a statutory body that came into existence in pursuance of the National Council for Teacher Education Act; 1993 (No. 73 of 1993) on the 17th August, 1995 to achieve planned and coordinated development of the teacher education system throughout the country, the regulation and proper maintenance of Norms and Standards in the teacher education system and for matters connected therewith.
2. As part of one of the conditions of recognition, NCTE insists on submission of a Performance Appraisal Report annually which includes annual statement of accounts duly audited by a Chartered Accountant. Similarly, in section 12(j) & (k) of the NCTE Act, 1993, the fol
The court emphasized the principle that when a power is given to do a certain thing in a certain way, it must be done in that way or not at all, as laid down in Taylor v. Taylor and followed in subse....
Section 17 of the NCTE Act empowers the Regional Committee of the NCTE to withdraw recognition granted to an institution offering course or training in teacher education, for reasons to be recorded i....
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....
State policies cannot impede the NCTE's exclusive authority in granting recognition to educational institutions under the National Council for Teacher Education Act.
The National Council for Teacher Education has the authority to mandate Performance Appraisal Reports from recognized institutions, including fee requirements, under implied powers necessary for regu....
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.
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