STATE OF RAJASTHANversusLBS B.ED. COLLEGE AND ORS.

                            [2016] 5 S.C.R. 298


A                        STATE OF RAJASTHAN
                                     v.
                    LBS B.ED. COLLEGE AND ORS.
                       (Civil Appeal No. 9193 of2016)
B                          SEPTEMBER 08, 2016
              [DIPAK MISRA AND C. NAGAPPAN -, JJ.]
           National Council for Teacher Education Act, 1993 - ss. 7,
     12, 32 - National Council for Teacher Education (Recognition,
     Norms and Procedure) Regulations, 2014 - Regns: 4, 5, 7 - Grant
c    of recognition by the NCTE lo private institutions desirous of
     conducting teacher training courses· - Role of State - Held: NCTE
     is required to take into consideration opinion of the State, for the
     State has a vital role to offer proper comments supported by due
     reasoning - However, the final authority rests with the NCTE -
D   .Education/Educational Institutions.
          Disposing of the appeals, the Court
           HELD: 1. The State has a say, may be a limited one, because
    the State's say is not binding on the NCTE. However, the NCTE
    is required to take the same into consideration, for the State has
E   a vital role to offer proper comments supported by due reasoning.
    Final authority rests with the NCTE. Whenever an application is
    received under the Regulations framed by NCTE for grant of
    recognition, the NCTE shall be guided by its own Regulations.
    The NCTE shall take into consideration the recommendations
F   and views of the State despite the fact that it has the final say.
    [Paras 14 and 15) [309-C-E]
          State of Maharashtra v. Sant Dnyaneshwar Shikshan
          Shastra Mahavidyalaya & Ors.(2006) 9 SCC 1: 2006
          (3) SCR 638; National Council for Teacher Education
G         & others v. Shri Shyam Shiksha Prashikshan Sansthan
          & others (20ll) 3 SCC 238 : 2011 (2) SCR 291; St.
          Johns Teachers Training Institute v. Regional Director,
          National Council for Teacher Education and another
          (2003) 3 SCC 321 : 2003 (1) SCR 975; Adarsh Shiksha
          Mahavidyalaya & others v. Subhash Rahangdale &
H
                                     298
 STATE OF RAJASTHAN v. LBS B.ED. COLLEGE AND ORS.                              499



      others (2012) 2 SCC 425 : 2012 (2) SCR 1; Maa                            A
      Vaishno Devi Mahi/a Mahavidyalaya v. State of Uttar
      Pradesh & Ors. (2013) 2 SCC 617: 2012 (13) SCR
      810 - Referred to.
                         Case Law Reference
2006 (3) SCR 638                referred to                 Para8               B
2011 (2) SCR 291                referred to                 Para9
2003 (1) SCR 975                referred to                 Para 10
2012 (2) SCR 1                  referred to                 Para 11
2012 (13) SCR 810               referred to                 Para 13
                                                                               c
      From the Judgment and Order dated 22.01.2015 in D.B. Civil
Special Appeal (Writ) No. 1866 of2014 passed by the High Court of
Rajasthan at Jaipur Bench.
                                  WITH
      Civil Appeal Nos. 9184, 9187, 9190, 9191, 9182, 9185, 9189, 9180,         D
9181, 9183, 9186, 9188, 9192of2016.
       P. S .. Narasimha, ASG, Shiv Mangal Sharma, AAG, Ms. Ruchi
Kohli, Gaurav Sharma, AOR, Ms. Abhinandini Sharma, Shrey Kapoor,
S. N. Singh, Prateek Bhatia, Ms. Vara Gaur, Dhawal Mohan, Advs. for
the Appellants.                                   ·                             E
      Ms. Vibha Dutta Makhija, Vivek Tankha, Sr.Advs, Anand Varma,
Mritunjay Kumar Sinha, Gaurav Agrawal, Chandra Prakash, AOR, Disha
Yaish, Amitesh Kumar, Shashank Shankar Singh, Ravi_ Kant, Mayank
Manish, Kumnan D., Sachin Pujari, Ms. Nikita Shrivastava,
Harshvardhan Jha, Yugandhara Jha, Adarsh Upadhyay, Ms. Asha                     F
Gopalan Nair, Ms. Nivedita Nair for the Respondents.
      The Judgment of the Court was delivered by
      DIPAK MISRA, J. I. Leave granted.
        2. The present appeals, by special leave, call in question the legal    G
acceptability of the common order dated 22.01.2015 passed by the High
Court of Judicature for Rajasthan at Jaipur Bench in D.B. Civil Special
Appeal (Writ) No. 1866of2014 whereby the Division Bench has allowed
the students to be admitted for the academic year 2015-2016 subject to
fulfillment ofthe new guidelines issued by the National Council for Teacher
                                                                               H
300            SUPREME COURT REPORTS                          [2016] 5 S.C.R.



A     Education (NCTE) on 28.11.2014. At the very inception, it is seemly to
      note that the directions issued by the High Court have already been
      given effect to and neither the learned counsel for the State of Rajasthan
      nor the NCTE, the respondent herein, nor the other respondents have
      any kind of dispute over the same.

B            3. The crux of the controversy is whether the State Government
      has any say in the matter of grant of recognition to the institutions who
      apply for establishing institutions to get recognition from the NCTE under
      the National Council for Teacher Education Act, 1993 (for brevity, "the
      Act") and the Regulations framed thereunder. It is necessary to state
      here that the learned Single Judge had arrived at the conclusion that the
c     State has remotely any authority or say in the matter of grant of
      recognition and the Division Bench has concurred with the judgment of
      the learned single Judge without adverting to the said aspect.
             4. We have heard Mr. P.S. Narsimha, learned Additional Solicitor
      General along with Mr. Shiv Mangal Shanna, learned counsel for the
D     State of Rajasthan, Mr. Gaurav Sharma, learned counsel for the NCTE
      and Ms. Vibha Dutta Makhija, learned senior counsel along with Mr.
      Anand Varma, learned counsel for the respondents.
             5. The Act was enacted to provide for the establishment of a
      National Council for Teacher Education with a view to achieving planned
E     and co-ordinated development of the teacher education system throughout
      the country, the regulation and proper maintenance of nonns and standards
      in the teacher education system and for matter connected therewith.
      The Act came into force on 30'h December, 1993. To appreciate the
      issue that has emanated for consideration, it is nc::cessary to understand
 F    the scheme of the Act. Section 3 deals with establishment of the NCTE.
      Section 12 enumerates the functions of the NCTE: We think it appropriate
      to reproduce Section 12, in entirety:-
              "12.      Functions of the Council.- It shall be the duty of
             the Council to take all such steps as it may think fit for ensuring
             planned and co-ordinated development of teacher education and
 G
             for the detennination and maintenance of standards for teacher
             education and for the purposi::s 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;
 H
STATE OF RAJASTHAN v. LBS B.ED. COLLEGE AND ORS.                         301
                [DIPAK MISRA, J.]

   (b)    make recommendations to the Central and State                   A
          Government, Universities, University Grants Commission
          and recognised institutions in the matter of preparation of
          suitable plans and programmes in the field of teacher
          e~ucation;
   (c)    co-ordinate and monitor teacher education and its B
          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
          recognised institutions;
   (e)    lay down norms for any specified category of courses or c
          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 ,guide Iines for compliance by recognised institutions,
          for starting new courses or training, and for providing D
          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;            E
   (h)     lay down guidelines regarding tuition fees and other fees
           chargeable by recognised institutions;
   (i)     promOfe and conduct innovation and research in various
           areas of teacher education and disseminate the results ··
           thereof;                                                         F
   G)      examine and review periodically the implementation of the
           norms, guidelines and standards laid down by the Council,
           and to suitably advise the recognised institution;
   (k)     evolve suitable performance appraisal system, norms and
           mechanism for enforcing accountability on recognised G
           institutions;
    (I)    formulate schemes for various levels of teacher education
           and identify recognised institutions and set up new institutions
           for teacher development programmes;
                                                                          H
302                SUPREME COURT REPORTS                          [2016] 5 S.C.R.


A            (m)     take all necessary steps to prevent commercialisation of
                     teacher education; and
             (n)     perform such other functions as may be entrusted to it by
                     the Central Government."
             6. Section 32 of the Act empowers the NCTE, by notification in
B     the official gaz,ette, to make regulations not inconsistent with the provisions
      of the Act and the rules made thereunder, generally to carry out the
      provisions of the Act. The NCTE had framed a set of Regulations, i.e.,
      National Council for Teacher Education (Recognition, Norms and
      Procedure) Regulations, 2009. The Regulations were superseded and
      another set of Regulations, namely, the National Council for Teacher
c     Education (Recognition, Norms and Procedure) Regulations, 2014 (For
      short, "the 2014 Regulations") came into force. Regulation 4 deals with
      eligibility which stipulates the categories of institutions who are eligible
      for consideration of the applications under the 2014 Regulations.
      Regulation 5 deals with the manner of making application and the time
D     limit. Regulation 7 provides for processing of applications. The relevant
      part of the said Regulation which is pertinent for the adjudication of the
      controversy that has emanated herein, is extracted below:-
             "7. Processing of applications.-(1) In case an application
             is not complete, or requisite documents are not attached with the
E            application, the application shall be treated : incomplete and
             rejected, and application fees paid shall be forfeited.
             (2) The application shall be summarily rejected under one or more
             of the following circumstances-
             (i) failure to furnish the application fee, as prescribed under rule 9
F            of the National Council for Teacher Education Rules, 1997 on or
             before the date of submission of on line application;
             (ii) failure to submit print out of the applications made online along
             with the land documents as required under sub-regulation (4) of
.,.          Regulation 5 within fifteen days of the submission of the online
G            application.
                        xxx               xxx               xxx
             (4)A written communication along with a copy of the application
             form submitted by the institution shall be sent by the office of
             Regional Committee to the State Government or the Union territory
H
STATE OF RAJASTHAN v. LBS B.ED. COLLEGE AND ORS.                            303
                [DIPAK MISRA, J.]

   administration and the affiliating body concerned within thirty days     A
   from the receipt of application, in chronological order of the receipt
   of the original application in the Regional Committee.
   (5) On receipt of the communication, the State Government or
   the Union territory administration concerned shall furnish its
   recommendations or comments to the Regional Committee                     8
   concerned within forty five days from the date of issue of the
   letter to the State Government or Union territory, as the case may
   be. In case, the State Government or Union Territory
   Administration is not in favour of recognition, it shall provide
   detailed reasons or grounds thereof with necessary statistics, which
   shall be taken into consideration by the Regionaf Committee               c
   concerned while disposing of the application.
   (6) If the recommendation of the State Government is not received
   within the aforesaid period, the Regional Committee concerned
   shall send a reminder to the State Government providing further
   time of another thirty days to furnish their comments on the              D
   proposal. In case no reply is received, a second reminder shall be
   given for furnishing recommendation within fifteen days from the
   issue of such second reminder. ln case no reply is received from
   the State Government within aforesaid period, the. Regional
   Committee shall process and decide the case on merits and placing         E
   the application before the Regional Committee shall not be deferred
   on account of non-receipt of comments or recommendation of
   the State Government.
   (7) After consideration of the recommendation of the State
   Government or on its own merits, the Regional Committee                   F
   concerned shall decide that institution shall be inspected by a team
   of experts called visiting team with a view to assess the level of
   preparedness of the institution to commence the course. In case
   of open and distance learning programmes, sampled study centres
   shall be inspected. Inspection shall not be subject to the consent
   of the institution, rather the decision of the Regional Committee to      G
   cause the inspection shall be communicated to the institution with
   the direction that the inspection shall be caused on any day after
   ten days from the date of communication by the Regional officer.
   The Regional Committee shall ensure that inspection is conducted
   ordinarily within thirty days from the date of its communication to       H
304                SUPREME COURT REPORTS                         [2016] 5 S.C.R.


A            the institution. The institution shall be required to provide details
             about the infrastructure and other preparedness on the specified
             proforma available on the website of the Council so the visiting
             team at the time of inspection along with building completion
             certificate issue by the competent civil authority, if not submitted
             earlier:
B
             Provided that the Regional Committee shall organise such
             inspections strictly in chronological order of the receipt of
             application for the cases to be approved by it.
             Provided further that the members of the visiting team for inspection
c            shall be decided by the Regional Committee out of the panel of
             experts approved by the Council and in accordance with the visiting
             team policy of the Council."
             7. Before we advert to the impact of the scheme of the
      Regulations, it is necessary to refer to the authorities of this Court that
D     have stated about the role of the State in the context of grant of recognition
      by the NCTE under the provisions of the Act.
             8. In State of Mallaraslltra v. Sant Dnyanes/1war S/1ikslian
      Sllastra Maliavidyalaya & Ors.', a three-Judge Bench, after adverting
      to the legislative power of the Parliament, the provisions of the Act, the
E     power conferred on the NCTE under the Act and the role ascribed to
      the universities, eventually opined as follciws:-
             "78.The respondents have stated that they have spent huge amount
             and incurred substantial expenditure on infrastructure, library, staff,
             etc. and after satisfying about the necessary requirements oflaw,
             permission had been granted by the NCTE. If the said action is
 F
             set aside on the basis of the decision of the State Government,
             irreparable loss will be caused to them. Since in our view, the
             order passed and action taken by NCTE cannot be termed illegal
             or unlawful and the State Government could not have passed the
             impugned order refusing permission on the ground of so called
G            'policy' of not allowing new B.Ed. college to be opened, it is not
             necessary for us to delve into further the said contention.
             79.Before parting with the matter, we may state that at one stage,
             the High Court has observed that

H
      1 (2006) 9   sec 1
    STATE OF RAJASTHAN v. LBS B.ED. COLLEGE AND ORS.                              305
                    fDIPAK MISRA, J.l

         "in so far as the University is concerned, considering the provisions    A
         of Section 15 of the NCTE Act, once permission has been granted
         under Section 14, the University is bound to grant affiliation in
         terms of the Act, Rule~ and Statutes. Section 83 requires the
         University to grant affiliation only after permission is granted under
         Section 82 of the Maharashtra University Act. To that extent the
                                                                                  B
         provisions of Section 82 and 83 are inconsistent with the
         provisions of NCTE Act and are null and void".?
                                                          (emphasis supplied)
         80. In our opinion, the observations that the provisions of Sections
         82 and 83 of the Maharashtra University Act are "null and void"
         could not be said to be correct. To us, it appears that what the
                                                                                   c
         High Court wanted to convey was that the provisions of Sections
         82 and 83 would not apply to an institution covered by 1993 Act.
         As per the scheme of the Act, once recognition has been granted
         by NCTE under Section 14(6) of the Act , every university
         ('examining body') is obliged to grant affiliation to such institution    D
         and sections 82 and 83 of the University Act do not apply to such
         cases.
         81. Since we have decided the matters on merits, we have not
         dealt with preliminary objection raised by the colleges that the
         State cannot be said to be 'person aggrieved' and, therefore, has         E
         no locus standi to challenge the decision ofNCTE."        •
      9. After the pronouncement of the judgment, the NCTE and the
States followed their due course of action. With the passage of time,
controversy arose relating to the role of the State again in National
Council for Teacher Education & others v. Sliri Sltyam .Sltikslra                  F
Prashikslian Sanstlian & others~. The Court referred to various
Regulations framed by the NCTE after the judgment was rendered in
Sant Dnyanesliwar Shikshan Sliastra Maliavidyalaya (supra) and
observed as follows:-
         "31.By fixing 31st October of the preceding year, the Council has         G
         ensured that the Regional Committee gets at least 7 months for
         scrutiny of the application, processing thereof, receipt of
         recommendation/suggestion from the State Government/Union
         Territory Administration, inspection ofthe infrastructure, etc. made
2
    (2011) 3 sec 238
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306               SUPREME COURT REPORTS                            [2016) 5 S.C.R.


A            . available by the applicant before an objective decision is taken to
             · grant or not to grant recognition. Likewise, by fixing 15th May of
               the year succeeding the cut-off date fixed for submission of
               application, the Council has ensured that adequate time is available
               to the institution to complete the course, teaching as well as training
               arid the students get an opportunity to comply with the requirement
B
               of minimum attendance. For academic session 2008-2009, the
               cut-off date was amended because the 2007 Regulations were
               notified on 27.12.2007 and going by the cut off dates specified in
               clauses (4) and (5) of Regulation 5, no application could have
               been entertained and no institution could have been recognized
c              for B.Ed. course."
              10. It is worthy to note here that the two-Judge Bench referred to
       the authority in St. Johns Teachers Training Institute v. Regional
       Director, National Council for Teacher Education and anotlter3,
       reproduced certain passages from. the said decision and other authorities
D      including the understanding of the Court as regards the authority in Sant
       Dnyanes/iwar Sliiksl1an S/iastra Mahavidyalaya (supra) and finally
       observed:-
             "40. In State of Maharashtra v. Sant Dnyaneshwar Shikshan
             Shastra Mahavidyalaya and others (supra), this Court considered
E            the· question whether, after grant of recognition by NCTE, the
             State Government can refuse to issue no objection certificate for
             starting B.Ed. colleges on the premise that a policy decision in
             that regard had been taken. After adverting to the relevant
             provisions of the Constitution, the Act and the Regulations and
             the judgment in St. John Teachers Training Institute v. Regional
F          " Director, NCTE (supra), the Court held that final authority to take
             decision on the issue of grant of recognition vests with the NCTE
             and it cannot be denuded of that authority on the ground that the
             State Government/Union Territory Administration has refused to
             issue· NOC."
G             11. Almost in continuity, the Court in Adars/1 Sltikslta
        Mahavidyalaya & otlters v. Subhasl1 Raliangdale & ot/1ers 4
        addressed the issue whether the State Government has any say in the
      · matter of grant of recognition to the private institutions desirous of
       '(2003) 3 sec 321
H      ' (2(}) 2) 2 sec 425
 STATE OF RAJASTHAN v. LBS B.ED. COLLEGE AND ORS.                               307
                 fDIPAK MISRA, J.l

conducting teacher training courses. The Court referred to the 2005 and         A
2007 Regulations and opined that the rationale behind the said provisions
is discernible from the guidelines issued by the NCTE vide letter dated
2.2.1996. Be it noted, the relevant portions of the said letter was
reproduced in Sant Dnyanesl1war Sllikslmn Sllastra Malmvidyalaya
(supra). Explaining various aspects, the Court ultimately ruled thus:-
                                                                                 B
      "77. The above survey-of precedents makes it clear that under
      Regulation 7(2) and (3), the State Government/Union Territory
      Administration is entitled to make recommendations on the
      application made for grant of recognition and the same are required
      to be considered by the concerned Regional Committee before
      taking a final decision on the application.                                c
      78. Learned counsel for the appellants did not seriously contest
      the position that the provisions contained in Sections 14(3) and
      15(3) read with Regulation 7(2), (3),(4), (5) and (9) are mandatory
      and the Regional Committee cannot grant recognition unless it is
      satisfied that the applicant has fulfilled the mandatory conditions        D
      prescribed in the 1993 Act and the Regulations. They also did not
      dispute that in view of Section 16, examining body cannot grant
      affiliation, whether provisional or permanent to any institution or
      hold examination for the courses of training conducted by a
      recognized institution unless the institution coneerned has obtained       E
      recognition under Section 14 or permission for a course or training
      under Section 15."
   I 2. While enumerating the conclusions in seriatim, the Court held:-
       "87. As a sequel to the above discussion, we hold that the impugned
       orders do not suffer from any legal infirmity warranting interference     F
       by this Court. We also reiterate that:                    •
       (i) The Regional Committees established under Section 20 of the
       1993 Act are duty bound to ensure that no private institution offering
       or intending to offer a course or training in teacher education is
       granted recognition unless it satisfies the conditions specified in       G
       Section 14(3)(a) of the 1993 Act and Regulations 7 and 8 of the
       Regulations. Likewise, no recognised institution intending to start
       any new course or training in teacher education shall be granted
       permission unless it satisfies the conditions specified in Section
        15(3)(a) of the 1993 Act and the relevant Regulations.
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308            SUPREME COURT REPORTS                           [2016] 5 S.C.R.


A           (ii) The State Government/UT Administration, to whom a copy of
            the application made by an institution for grant of recognition is
            sent in terms of Regulation 7(2) of the Regulations, is under an
            obligation to make its recommendations within the time specified
            in Regulation 7(3) of the Regulations.          -
B           (iii) While granting recognition, the Regional Committees are
            required to give due weightage to the.recommendations made by
            the State Government/UT Administration and keep in view the
            observations made by this Court in St. Johns Teachers Training
            Institute v. Regional Director, NCTE (supra) and National Council
            for Teacher Education v. Shri Shyam Shiksha Prashikshan
c           Sansthan, which have been extracted in the earlier part of this
            judgment.
            (iv) The recognition granted by the Regional Committees under
            Section I 4(3)(a) of the 1993 Act read with Regulations 7 and 8 of
            the Regulations and permission granted under Section I 5(3)(a)
D           read with the relevant Regulations shall operate prospectively,
            i.e., from the date of communication of the order ofrecognition or
            permission, as the case may be."
              13. Yet again, another two-Judge Bench in Maa Vais/mo Devi
      Mahi/a Ma/1avidyalaya v. State of Uttar Pradesh & Ors. 5 opined
E     that Regulations framed under the Act clearly show that upon receiving
      an application for recommendation, the NCTE shall send a copy of the
      application with its letter inviting recommendations/comments of the State
      Government on all aspects within a period of30 days. To such application,
      the State is expected to respond with its complete comments within a
 F    period of 60 days. In other words, the opinion of the State on all matters
      that may concern it in any of the specified fields are called for. The
      Court observed that this is the stage where the State and its Department
      should play a vital role and they must take all precautions to offer proper
      comments supported by due reasoning. Once these comments are sent
      and the State Government gives its opinion which is considered by the
G     NCTE and examined in conjunction with the report of the experts, it
      may grant or refuse recognition. Once it grants recognition, then such
      grant att~ins supremacy vis-a-vis the State Government as well as the
      affiliating body. Normally, these questions cannot be re-agitated at the
      time of grant of affiliation. Proceeding further, it was held that once the
H     '(2013)2 SCC6!7
 STATE OF RAJASTHAN v. LBS B.ED. COLLEGE AND ORS.                                309
                 [DIPAK MISRA, J.]

University conducts inspection in tenns of its Statutes or Act, without          A
offending the provisions of the Act and conditions of recognition, then
the opinion of the State Government at the second stage is a mere fonnality
unless there was a drastic and unacceptable mistake or the entire process
was vitiated by fraud or there was patently eminent danger to life of the
students in the school because of non-compliance of a substantive
                                                                                  B
condition imposed by either of the bodies but in the normal circumstances,
the role of the State is a very fonnal one and the State is not expected to
obstructthe commencement of admission process and academic courses
once recognition is granted and affiliation is found to be acceptable.
       14. As we find from the aforesaid authorities as well as the
Regulations framed by the NCTE, the State has a say, may be a limited
                                                                                  c
one. We are inclined to use the word 'limited' because the State's say is
not binding on the NCTE. However, the NCTE is required to take the
same into consideration, for the State has a vital role to offer proper
comments supported by due reasoning. It needs no special emphasis to
say that final authority rests with the NCTE. It is the clear legal position.     D
       15. In course of hearing, we have been apprised that the NCTE
has granted recognition to some of the institutions. As the recognition
has already been granted, the controversy with regard to the said
institutions shall stand closed. Needless to say, in future, whenever an
application is received under the Regulations for grant of recognition,           E
the NCTE shall be guided by its own Regulations and the judgments of
this Court and the State shall remain bound by the principles set out
hereinabove. Needless to say, the NCTE shall take into consideration
the recommendations and views of the State despite the fact that it has
the final say.
                                                                                  F
       16. The appeals are accordingly disposed of. There shall be no
order as to costs.
AnkitGyan                                                 Appeals disposed of.

     _,