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DELHI HIGH COURT
VIPIN SANGHI, NAVIN CHAWLA
National Council for Teacher Education – Appellant
Versus
Om College of Education – Respondent
| Table of Content |
|---|
| 1. challenge to selection committee nominations. (Para 1 , 2 , 3 , 4) |
| 2. ncte's limited power to exercise regulatory provisions. (Para 5 , 6 , 7 , 8) |
| 3. role of ncte and state cooperation in recognition process. (Para 9 , 10 , 11 , 12 , 13) |
| 4. supremacy of ncte in granting recognition. (Para 14 , 15 , 16 , 17) |
| 5. conditions under which ncte may relax regulations. (Para 18 , 19 , 20 , 21 , 22) |
| 6. mandatory compliance with court directions. (Para 23) |
| 7. dismissal of appeals with no costs. (Para 24) |
JUDGMENT
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:
"24. In these circumstances, the petitions are disposed of with the following directions:
State policies cannot impede the NCTE's exclusive authority in granting recognition to educational institutions under the National Council for Teacher Education Act.
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....
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....
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....
Submission of No Objection Certificate is a mandatory requirement for recognition; failure to provide it leads to application rejection.
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