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DELHI HIGH COURT
PRATEEK JALAN
Shri Ram College of Education – Appellant
Versus
National Council for Teacher Education – Respondent
| Table of Content |
|---|
| 1. recognizing d.el.ed. courses amidst state bans. (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioners confine reliefs to scert for approvals. (Para 7 , 8) |
| 3. state government's role vs. ncte's authority. (Para 10 , 11 , 12 , 13 , 14) |
| 4. directives for scert to continue processing applications. (Para 15) |
| 5. resolution and future steps post recognition. (Para 16 , 17) |
JUDGMENT
Prateek Jalan, J. (Oral)
The proceedings in the matter have been conducted through video conferencing.
W.P.(C) 8293/2021 and CM APPL. 25714/2021 (for stay)
1. Issue notice. Ms. Kartika Sharma, learned counsel, accepts notice for the respondent nos. 1 and 2. Mr. Anil Kaushik, learned Additional Advocate General for the State of Haryana, accepts notice for the respondent nos. 3 and 4. In view of the fact that the issues involved in this writ petition are identical to the issues involved in five other writ petitions which are listed today, the petition is taken up for disposal with the consent of learned counsel for the parties.
W.P.(C) 6392/2021 & CM APPL. 20067/2021 (for stay)
W.P.(C) 6702/2021 & CM APPL. 21074/2021 (for stay)
W.P.(C) 5010/2021 & CM APPL. 15348/2021 (for stay)
W.P.(C) 5062/2021 & CM APPL. 1550
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 has the sole discretion to grant or refuse recognition, and the State Government cannot interfere with this process. The NCTE can exercise the power to relax the provisions of the Regulation....
State policies cannot impede the NCTE's exclusive authority in granting recognition to educational institutions under the National Council for Teacher Education Act.
Submission of No Objection Certificate is a mandatory requirement for recognition; failure to provide it leads to application rejection.
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 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....
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....
Statutory authorities must base decisions exclusively on relevant factors; reliance on state recommendations for bans on applications filed prior to such bans is impermissible.
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