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1999 Supreme(MP) 228
High Court Of Madhya Pradesh
D. P. S. CHAUHAN, DEEPAK MISRA
NATIONAL COUNCIL FOR TEACHERS EDUCATION - Appellant
Versus
CHOUHAN EDUCATION SOCIETY - Respondents
L. P. A. 353 Of 1998
Decided On : 03/16/1999
A.P.SINGH, R.K.SINGHAL, RAVINDRA SHRIVASTAVA
The National Council for Teacher Education (NCTE) has the authority to fix the strength of institutions offering teacher education courses to ensure the maintenance of standards.
Headnote:
NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993 - RECOGNITION OF INSTITUTIONS - FIXATION OF STRENGTH - DISCRIMINATION - ADMISSION OF STUDENTS BEYOND SANCTIONED STRENGTH - EXAMINATION AND RESULTS - MAINTAINABILITY OF APPEAL - STUDENTS AS NECESSARY PARTIES.
Fact of the Case:
Chouhan Education Society, the petitioner, was running an educational institution that imparted training to students to become teachers. The National Council for Teachers Education (NCTE) fixed the number of students to be admitted to the institution at 40. The institution admitted 141 students and allowed them to appear in the examination. The NCTE challenged the admission of students beyond the sanctioned strength and the fixation of strength by the University and the State Council of Educational Research and Training (SCERT).
Finding of the Court:
1. The NCTE has the authority and jurisdiction to fix the strength of the institution to ensure the maintenance of standards in teacher education. 2. The Council's fixation of strength is not discriminatory as it is based on the norms and standards laid down by the Act and Regulations. 3. The educational society was not justified in admitting more students than the sanctioned strength and allowing them to appear in the examination. 4. The students who took admission in an unauthorized educational institution cannot be legalized and are not necessary parties to the appeal.
Issues: 1. Whether the NCTE has the authority to fix the strength of an educational institution offering teacher education courses? 2. Whether the fixation of strength by the NCTE is discriminatory? 3. Whether the educational society was justified in admitting more students than the sanctioned strength and allowing them to appear in the examination? 4. Whether the students who took admission in an unauthorized educational institution are necessary parties to the appeal?
Ratio Decidendi: 1. The National Council for Teacher Education Act, 1993 empowers the NCTE to lay down norms and standards for teacher education, including the minimum eligibility criteria for admission, duration of the course, course contents, and mode of curriculum. The NCTE also has the authority to fix the strength of institutions offering teacher education courses to ensure the maintenance of standards. 2. The fixation of strength by the NCTE is not discriminatory as it is based on the norms and standards laid down by the Act and Regulations. The NCTE considers factors such as the institution's infrastructure, faculty, and facilities to determine the appropriate strength. 3. The educational society was not justified in admitting more students than the sanctioned strength and allowing them to appear in the examination. The society was aware of the NCTE's fixation of strength and should have complied with it. 4. The students who took admission in an unauthorized educational institution cannot be legalized and are not necessary parties to the appeal. The society is the proper party to represent the interests of the students.
Final Decision: The appeal was allowed in part. The direction of the High Court to conduct and complete the examination and publish the results was set aside. The NCTE was directed to take a proper decision regarding the fixation of strength and communicate it to the society.
( 1 ) LIFE without education is sans 'elan vital', a body without a soul, eyes without sight, ear without power to hear and mind without sensibility. In the case of Sitam Seshanka v. Principal, College Pharmaceutical Science, AIR 1997 Orissa 62 the Court while dealing with the role of a 'guru' as a teacher, observed as under :-"shastras" put the 'guru' on a pedestal making him equivalent to God and treat him as one who enlightens, illumines, guides, paves the path of light, unfolds the bright horizon amidst the encircling gloom, expands his sura enigmatically reaching the true follower, and he is also the one who transfer his sense of originality, duty of accountability and progressive creativity to the dutious disciple leaving his lively footprints on the sands of time. In turn, the disciple follows him with reverence, acts in veneration and obeys with obeisance. "we have delved into the role of a 'guru' because of what we are going to state later on.
( 2 ) THE moot question that arises for consideration in this appeal is whether Chouhan Education Society (the petitioner No. 1 in Writ Petition No. 5127/96) was justified in admitting more students than what was sanctioned by the National Council for Teachers Education (hereinafter referred to as 'the NCTE') and whether the NCTE was justified in fixing the number of students to be admitted to the educational institution run by the said Society and whether it was correct on its part to curb the strength which was allowed to the said Society by the University viz. Barkatullah Vishwavidyalaya, Bhopal and State Council of Educational Research and Training (hereinafter referred to as 'the SECRT') in the previous years.
( 3 ) THE first question in its sweep engulfs the question whether the students who took admission in the aforesaid educational institution which imparts training to the students to build them as teachers and also to in service teachers to give them facility to have higher education, were justified in taking admission in such an institution which had no authority to impart training to them. To elaborate whether they were entitled either in fact or in law to avail such education from such an institution to become Gurus, to produce future citizens of this country by imparting education at the primary stage? Having this prefatory note, in view, we now proceed to state the facts.
( 4 ) THE writ petitioner No. 1 (respondent No. 1 herein) is an educational society instituted under the Society Registrikaran Adhiniyam, 1973. It established a College known as 'rajeev Gandhi Mahavidyalaya'. The respondent No. 2-Barkatullah Vishwavidyalaya (Respondent No. 4 herein) granted temporary affiliation to the aforesaid College in B. Ed. course for the academic session 1994-95. The college was granted permission to give admission to 120 students in general category privilege was conferred on it for 5% seats in the management quota and 15% for in service Teachers. Thus, in toto, the college was permitted to admit 141 students to the said course. The college was functioning with this capacity and the students were appearing through the aforesaid University because of the affiliation granted by it. The Parliament, with the object and purpose to enhance the educational standards in these categories of educational institutions, brought in 'the National Council for Teacher Education Act, 1993' (hereinafter referred to as 'the Act' ). The aforesaid Act came into force with effect from 11-7-95. After the Act came into force, the NCTE started its function. As contemplated under Section 14 of the Act everyinstitution prior to its running, is required to file an application for conferment of status of recognition. Accordingly, the respondent No. 1, the Society, filed an application for grant of recognition. The Council has a Regional Committee as defined u/s. 2 (j) of the Act. The Western Regional Committee after inspection, scrutiny and taking note of the facilities available in th
