The National Council for Teacher Education Act, 1993 occupies the field, rendering the State's policy void and obligating the University to grant affiliation based on the National Council for Teacher Education permission.

RAJIV SHARMA, J. :- The brief facts necessary for the adjudication of this petition are that the petitioner-trust (hereinafter referred to as the 'petitioner' for convenience sake) made an application to the Regional Director, Northern Region Committee, Jaipur seeking recognition for establishing a new institution for conducting the B.Ed. course for the academic session 2006-07 on 25-1-2006. The National Council for Teacher Education granted permission to the petitioner for establishment of the B.Ed. course with an annual intake of 100 students on the 4th of July, 2007. Thereafter the petitioner applied to the respondent No.2 -University for affiliation on 5-7-2007. The application of the petitioner was rejected by the University on 20th July, 2007. The petitioner had also submitted an application seeking a NOC from the respondent-State on 31-1-2005. The State Government rejected the case of the petitioner on 22-6-2007.

2. The following points arise for consideration in this petition.

1. Whether the provisions of the National Council for Teacher Education Act, 1993 occupied the field and if so was it necessary to obtain the NOC from the State Government or any other authority?

2. Whether any policy framed by the State Government requiring such approval be void?

3. Whether the order of rejection passed by the State Government on 22-6-2007 was valid on merits?

4. Whether the University should have granted the affiliation to the petitioner-institute solely on the basis of the permission by the National Council for Teacher Education?

3. Before the afore-mentioned points are taken up for consideration in detail, it will be apt to consider the relevant provisions of the National Council for Teacher Education Act, 1993 (hereafter referred to as the 'Act').

4. Chapter-III of the Act provides the functions of the Council. Section 12 prescribes in detail the functions which are to be discharged by the Council. Section 12 reads thus :

"12. It shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and co-ordinate development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this Act, the Council may-

(a) undertake surveys and studies relating to various aspects of teacher education and publish the result thereof;

(b) make recommendations to the Central and State Governments, Universities, University Grants Commission and recognized institutions in the matter of preparation of suitable plans and programmes in the field of teacher education;

(c) co-ordinate and monitor teacher education and its development in the country;

(d) lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or in recognized institutions;

(e) lay down norms for any specified category of courses or trainings in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of curriculum;

(f) lay down guidelines for compliance by recognized institutions, for starting new courses or training, and for providing physical and instructional facilities, staffing pattern and staff qualification;

(g) lay down standards in respect of examinations leading to teacher education qualifications, criteria for admission to such examinations and schemes of courses or training;

(h) lay down guidelines regarding tuition fees and other fees chargeable by recognized institutions;

(i) promote and conduct innovation and research in various areas of teacher education and disseminate the results thereof;

(j) examine and review periodically the implementation of the norms, guidelines and standards laid down by the Council, and to suitably advise the recognized institutions;

(k) evolve suitable performance appraisal systems, norms and mechanisms for enforcing accountability on recognized institution