Regulation 12 of the National Council for Teacher Education allows for relaxation in regulations due to hardship caused by state actions, applicable to both individual institutions and broader categories.

JUDGMENT

Prateek Jalan, J. (ORAL)--The proceedings in the matter have been conducted through video conferencing.

CM APPL. 20828/2021 (delay) in REVIEW PET. 101/2021 in W.P.(C) 2069/2021

CM APPL. 20733/2021 (delay) in REVIEW PET. 100/2021 in W.P.(C) 2395/2021

For the reasons stated in the applications seeking condonation of delay, the delay of 52 days in filing the review petitions is condoned. The applications stand disposed of.

CM APPL. 20829/2021 (exemption) in REVIEW PET. 101/2021 in W.P.(C) 2069/2021

CM APPL. 20734/2021 (exemption) in REVIEW PET. 100/2021 in W.P.(C) 2395/2021

Exemptions allowed, subject to all just exceptions.

The applications stand disposed of.

REVIEW PET. 101/2021 in W.P.(C) 2069/2021

REVIEW PET. 100/2021 in W.P.(C) 2395/2021

1. These petitions have been filed by the National Council for Teacher Education ["NCTE"], seeking review of a judgment dated 12.04.2021 in the captioned writ petitions, to the extent that the Chairperson of the NCTE was directed to exercise the powers conferred under Regulation 121 of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2014 ["the 1 "12. Power to relax - (1) On the recommendations of the Central Government, or State Government, or Union territory Administration concerned, or in cases for removal of any hardship caused in adhering to the provisions in these regulations, keeping in view the circumstances peculiar to the said Governments or Union territory, it shall be open to the Chairperson, for reasons to be recorded in writing, to relax any of the provisions of these regulations, in respect of any class or category of institutions, in the concerned State or Union Territory, or of Central Government institutions to such an extent and subject to such conditions, as may be specified in the order and decisions shall be brought to the notice of the Council in the next meeting. In exceptional cases and for reasons to be recorded in writing, the Chairperson, shall be competent to relax any of the provisions of these regulations and the related norms and standards subject to its ratification by the Council." Regulations"].

2. The captioned writ petitions were filed by institutions in whose favour the NCTE had issued Letters of Intent ["LOI"] under Regulation 7 of the Regulations. The petitioners were required under the conditions of the LOI to obtain approval of their faculty lists from the affiliating body, i.e., the State of Rajasthan. The State of Rajasthan did not cooperate in this process in view of a government policy against the establishment of Diploma in Elementary Education ["D.El.Ed."] courses in the State.

3. In the judgment under review, this Court noticed the judgment of the Supreme Court in State of Maharashtra vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others [(2006) 9 SCC 1], and passed the following directions:

"24. 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 thereafter.

c. In the event the State of Rajasthan does not nominate an expert in terms of the aforesaid direction, the matter be placed before the Chairperson of the NCTE in terms of Regulation 12 of the Regulations. The participation of the representative of the State of Rajasthan in the Selection Committee and the requirement for the approval of the faculty list by the State of Rajasthan will be waived in the facts and circumstances of the case. The Chairperson will take a decision in terms thereof and