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2011 WLR 385, 2011 (2) LW 45 (SN), 2011 (5) MLJ 605
High Court of Judicature at Madras
D. MURUGESAN & K.K. SASIDHARAN
Self Financing Private Teacher Training Rep. by its President T.V.K. Babu
Versus
The State of Tamil Nadu Rep. by its Secretary to Government & Others
W.A.No.1471 of 2008 M.P.No.1 of 2008
Decided on : 12-04-2011
NCTE ACT - AFFILIATION - STATE GOVERNMENT - POWER - NCTE ACT AND REGULATIONS - SCOPE - RELEVANCE - VALIDITY OF REGULATIONS - GUIDELINES FRAMED BY STATE GOVERNMENT - VALIDITY - WRIT APPEAL - PARTLY ALLOWED.
Fact of the Case:
The appellant, a registered association of self-financing private teacher training institutes, challenged the Government Order issued by the State Government prescribing regulations for granting affiliation to teacher training institutes. The main grounds of challenge were that the State Government had no authority to pass such an order as the field was already occupied by the Central Legislation, the National Council for Teacher Education Act, 1993 (NCTE Act).
Finding of the Court:
The Court held that the impugned regulations, insofar as they mandated the institutions to prove the instructional and infrastructural facilities, were beyond the executive power of the State. However, the Court upheld the validity of Regulations III to VI, which dealt with matters falling within the sphere allotted to the State, such as the approval of staff list, admission of students, attendance and condonation, and visits to institutes.
Issues: 1. Whether the State Government had the authority to pass an order prescribing regulations for granting affiliation to teacher training institutes in light of the Central Legislation, the National Council for Teacher Education Act, 1993 (NCTE Act). 2. Whether the impugned regulations were valid and enforceable.
Ratio Decidendi: 1. The Court held that the State Government did not have the authority to pass an order prescribing regulations for granting affiliation to teacher training institutes as the field was already occupied by the Central Legislation, the NCTE Act. The Court relied on the principle of repugnancy, which states that if a particular Legislation made by the State is repugnant to the Law made by the Parliament, the concerned Legislation made by the State would be declared as void to the extent of repugnancy. 2. The Court further held that the impugned regulations, insofar as they mandated the institutions to prove the instructional and infrastructural facilities, were beyond the executive power of the State. However, the Court upheld the validity of Regulations III to VI, which dealt with matters falling within the sphere allotted to the State, such as the approval of staff list, admission of students, attendance and condonation, and visits to institutes.
Final Decision: The Court allowed the writ appeal in part. The impugned regulations, insofar as they mandated the institutions to prove the instructional and infrastructural facilities, were declared void, invalid and inoperative. However, Regulations III to VI were upheld as valid.
K.K. SASIDHARAN, J
1. The substantial question which arises for determination in this writ appeal is whether the State being the affiliating body, can refuse affiliation with reference to any of the factors which have been considered by the National Council for Teacher Education while granting recognition to the Private Self Financing Teacher Training Institutes.
2. The writ appeal, at the instance of the Self-Financing Private Teacher Training Institutes Association, Chennai, challenges the order dated 28 October 2008 in W.P.No.25182 of 2008 whereby and whereunder, the learned Single Judge negatived the challenge made to the Government Order in G.O.Ms.No.94 dated 3 May 2008 prescribing regulations for the purpose of granting Affiliation to the Teacher Training Institutes.
The relevant facts:
3. The appellant is a registered association formed by the Self-Financing Private Teacher Training Institutes. The association was formed for the purpose of promoting the cause of Teacher Training Institutes in the State of Tamil Nadu and to safeguard the interest of individual members.
4. The members of the association after obtaining recognition from the National Council for Teacher Education to conduct Teacher Training Course leading to Diploma in Teacher Education, obtained permission from the Director of Teacher Education, Research and Training so as to enable the students to appear for the Diploma in Teacher Education Examination conducted by the said authority.
5. While so, the State of Tamil Nadu issued an order in G.O.Ms.No.94, School Education (U1) Department dated 3 May 2008 prescribing certain guidelines in the matter of grant of Affiliation. The said Government Order was made applicable to new institutions as well as to the existing institutions. The Government Order was challenged by the appellants and the individual institutions on various grounds. The Principal grounds as found in the affidavit filed in support of the Writ Petition in W.P.No.25182 of 2008 reads thus:
(a) The impugned Government Order issued in exercise of the Executive Power of the State Government is traceable to Article 162 of the Constitution of India. Since the field is already occupied by the Central Legislation, the Government have no authority either to pass a Legislation or to issue an Executive Order.
(b) The National Council for Teacher Education Act 1993 (hereinafter referred to as "NCTE Act") has been enacted by the Indian Parliament under its law making power as provided under Article 245 of the Constitution of India. The Parliament has enacted NCTE Act to provide for the establishment of National Council for Teacher Education with a view to achieve planned and co-ordinated development of Teacher Education System throughout the Country.
(c) Though education is included under Entry 25 of List III, otherwise known as Concurrent List, the State has no authority to issue the Executive Order as the field is occupied by a Central Legislation.
(d) Section 14 of the NCTE Act gives authority to the Regional Committee of National Council for Teacher Education to grant recognition. Therefore, it was not open to the State to frame Regulations for the purpose of inspecting the instructional and infrastructural facilities, as the same has already been inspected by the National Council for Teacher Education before granting recognition.
(e) The Executive Power under Article 162 of the Constitution of India is not available in respect of a subject, which is already covered by a Central Legislation.
(f) Instructional and Infrastructural facilities to be acquired by an institute imparting Teacher Education relates to the standards of education and therefore, that comes totally within Entry 66 of List-I of Schedule VII of the Constitution.
(g)Since the very standard of education in the field of Teacher Education is completely covered under Entry - 66 within the domain of the Central Authority, inroading and encroaching upon in the said field is totally pro
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