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1997 Supreme(Mad) 189
High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. K.A. SWAMI & THE HONOURABLE
MR. JUSTICE KANAKARAJ
Emmanuel Teacher Training Institute represented by its Manager, C.Rajan,
Versus
Compound, Vallam, Tenkasi Taluk, Tirunelveli Kattabomman District and others
Versus The Regional Director, Southern Regional Committee, National Council for
Teacher Education, and others
W.P.Nos. 12323 and 15662 to 15665 of 1996, W.M.P. Nos.16641, 16642 and
21481 to 21484 of 1996
Decided On : 11-02-1997
A. Immanuel and D.Rajagopal, for Petitioners. S. Udayakumar, for
Additional Central Government Standing Counsel, for Respondent No. 1. K.P.H.
Thulasiraman, Government Advocate, for Respondent Nos.2 to 4.
The State Government is required to consider applications for 'no objection certificates' for the establishment of teacher training institutions in accordance with the objects of the Act, the Rules, the Regulations, and the guidelines issued under the Act.
Headnote:
NATIONAL COUNCIL FOR TEACHER EDUCATION ACT - RECOGNITION OF TEACHER TRAINING INSTITUTIONS - NO OBJECTION CERTIFICATE - GUIDELINES FOR ESTABLISHMENT OF TEACHER TRAINING INSTITUTIONS AND INTRODUCTION OF NEW PROGRAMMES - ISSUE OF NO OBJECTION CERTIFICATE BY STATES/UTS - STATE GOVERNMENT'S REFUSAL TO GRANT NO OBJECTION CERTIFICATE - QUASHING OF ORDERS - REMISSION OF MATTERS TO STATE GOVERNMENT FOR RECONSIDERATION IN ACCORDANCE WITH GUIDELINES.
Fact of the Case:
The petitioners sought to quash the State Government's orders refusing to grant 'no objection certificates' for the establishment of teacher training institutions, as required by the National Council for Teacher Education (Application for Recognition, the Manner for Submission Determination of Conditions for Recognition of Institutions and Permission to Start New Course or Training) Regulations, 1995 (Regulations). The State Government had rejected the applications based on a policy decision to not permit new private teacher training institutes due to a surplus of trained teachers.
Finding of the Court:
The court held that the State Government's refusal to grant no objection certificates was not in accordance with the objects of the National Council for Teacher Education Act, 1993 (Act), the Rules, the Regulations, and the guidelines issued under the Act. The court found that the State Government had not considered the need for trained teachers, the supply of trained teachers from existing institutions, and other relevant factors as required by the guidelines.
Issues: 1. Whether the State Government's refusal to grant no objection certificates was in accordance with the Act, the Rules, the Regulations, and the guidelines issued under the Act. 2. Whether the State Government had considered the need for trained teachers, the supply of trained teachers from existing institutions, and other relevant factors as required by the guidelines.
Ratio Decidendi: The court held that the State Government's refusal to grant no objection certificates was not in accordance with the Act, the Rules, the Regulations, and the guidelines issued under the Act. The court found that the State Government had not considered the need for trained teachers, the supply of trained teachers from existing institutions, and other relevant factors as required by the guidelines. The court also held that the guidelines issued by the National Council for Teacher Education for the issue of no objection certificates by the State or Union Territories have the force of law and are binding on the State and Union Territories.
Final Decision: The court allowed the writ petitions, quashed the impugned orders of the State Government refusing to grant 'no objection certificates', and remitted the matters to the State Government for reconsideration in accordance with the guidelines.
K.A. Swami, C.J.
In all these writ petitions, the petitioners have sought for quashing the orders of the State Government refusing to grant ‘no objection certificate’ as required by Regulations 5(e) and 5(f) of the National Council for Teacher Education (Application for Recognition, the Manner for Submission Determination of Conditions for Recognition of Institutions and Permission to Start New Course or Training) Regulations, 1995. (hereinafter referred to as the ‘Regulations’).
2. The State Government has rejected the applications, seeking ‘no objection certificate’ on the following grounds:
“In Tamil Nadu trained certificate holders are unable to be given appointment, therefore ‘no objection’ will not be given and the said decision is taken by the Government. This is for your information.”
3. The State Government, by G.O.Ms. No.802 (Education, Science and Technology Department), dated 19. 1994 took a policy decision that no new private teacher training Institute(s) shall be permitted to be opened or recognised in the State from the academic year 1994-95, on the ground that there were several trained teachers, who were not employed. The Government Order, G O.Ms. No.802 reads thus:
“The Government have, for sometime, been considering the need to have new private Teacher Training Institute in the State. The Government have very carefully examined this question and they have come to the conclusion that an appropriate policy in this regard has to be formulated taking into consideration the number of students being trained every year by the Teacher Training Institutes and the approximate requirement of trained teachers every year and also the trained teachers already available. The Government consider that the number of trained teachers coming out of institutions should not be in excess of the requirements and there should not be commercialisation of teacher education. The Government have therefore made an assessment of the availability of trained teachers waiting for appointment and the potential to absorb the teachers already trained and those to be trained in future. It has been found that there are 57,082, that is, nearly 60,000 Secondary Grade Teachers on the live registers of the employment exchanges in the State as on 312. 1993. It is estimated that apart from the immediate requirement, the vacancies that will arise in future will be only of the order of about 3,000 to 5,000 per annum. The Government after taking into account all these factors have decided that in view of the manpower surplus in the availability of trained Secondary Grade teachers no new Private Teachers Training Institute need be permitted to be opened or recognised in the State from the academic year 1994-95.
2. Accordingly the Government hereby notify that no new private Teacher Training Institute (s) shall be permitted to be opened or recognised in the State from the academic year 1994-95.”
4. It may be pointed out here that in order to start Teachers Training Institute, it is necessary to obtain recognition from the Regional committee, as per Sec.14 of the National Council for Teacher Education Act, 1993 (hereinafter referred to as the ‘Act’) For the purpose of making an application for recognition, as per Regulations 5(e) and 5 (f) of the Regulations, it is necessary for the applicants to obtain ‘no objection certificate’ from the State Government. It is the Regional Committee which has to pass an order as to whether the Teachers Training Institute should be recognised or not.
5. In order to enable the State Government to consider the request for ‘no objection certificate’ the National council for Teacher Education, New Delhi, has framed certain guidelines in its Second Meeting of the General Body held on 4th December, 1996. Those guidelines are called "Guidelines for establishment of Teacher Training Institution and introduction of new programmes-issue of No Objection’ Certificate by States/UTs." Nine guidelines have been framed. Out
