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State of Rajasthan, through Director, Elementary Education, Education Directorate, Bikaner – Appellant
Versus
Central Modern Teachers Training College, Jodhpur (Raj. ) – Respondent
JUDGMENT :
Manindra Mohan Shrivastava, J.
This Judgment shall govern disposal of all the appeals, which have been filed by the State and were heard analogously.
2. These appeals, preferred by the State, arise out of a common order passed by the learned Single Judge in Surender Kaur Memorial College of Higher Education Vs. State of Rajasthan and Others (S.B. Civil Writ Petition No. 2359/2021 and batch of writ petitions decided on 23.10.2021) raising common issues and ventilating grievance against the State. Some of the appeals filed by the State are those where learned Single Judge, relying upon it’s lead common order passed in the case of Surender Kaur Memorial College of Higher Education (supra) has disposed off individual petitions granting relief. Since, in all the appeals, common issue arises for consideration, therefore, they are being disposed off by this common judgment.
3. The respondents-writ petitioners in this batch of appeals set up infrastructure to commence/continue B.Ed./D.El.Ed./STC Course in their respective institutions. As grant of recognition to such institutions is admittedly governed and regulated by the National Council for Teacher Education Act, 1993 (for short
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.
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.
B.Ed. Course – Need of new colleges looking to requirement can be said to be a relevant consideration and a decision not to recommend further recognition to new B.Ed. colleges on need basis cannot be....
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 ....
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....
State-imposed conditions for educational affiliation that contradict AICTE approval undermine institutional autonomy and are unconstitutional.
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