Nov - High Court of Judicature at Allahabad

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988 INDIAN LAW REPORTS ALLAHABAD SERIES [2009 Act, 1993 (herein after referred to as the Act of 1993) with a view to achieve planned and coordinated development for teacher's education for the regulation and proper maintenance of norms and standards in the teacher's education and for matter connected therewith. Prior to enforcement of the Act of 1993, the National Council for Teacher Education was in existence since 1973 to guide the system of teacher education as an advisory body till it was declared as an statutory body with the functions and object entrusted to it under the Act of 1993. The National Council for Teacher Education Act, 1993 has been enforced w.e.f. 1st July, 1995 by virtue of notification issued by the Central Government under Section 1 (3) of the 1993 Act. The Act of 1993 has been enacted by Parliament in exercise of power under Entry 66 of the Union List of Seventh Schedule of the Constitution of India. 11. A Constitution Bench of the Apex Court in the case of State of Maharashtra vs. Sant Dhyaneshwar Shiksha Shastra Mahavidyalaya and others reported in (2006) 9 SCC, 1 had the occasion to consider the provisions of National Council for Teacher Education Act, 1993 in context of power of the State regarding recognition of educational institution to start B.Ed. course. The Apex Court in paragraph 62 and 63 has held as follows : “62. From the above decisions, in our judgment, the law appears to be very well settled. So far as coordination and determination of standards in institutions for higher education or research, scientific and technical institutions are concerned, the subject is exclusively covered by Entry 66 of List I of Schedule VII to the Constitution and the State has no power to encroach upon the legislative power of Parliament. It is only when the subject is covered by Entry 25 of List III of Schedule VII to the Constitution that there is a concurrent power of Parliament as well as the State Legislatures and appropriate Act can be made by the State Legislature subject to limitations and restrictions under the Constitution. 63. In the instant case, admittedly, Parliament has enacted the 1993 Act, which is in force. The preamble of the Act provides for establishments National Council for Teacher Education (NCTE) with a view to achieving planned and coordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith. With a view to achieving that object, the National Council for Teacher Education has been established at four places by the Central Government. It is thus clear that the field is fully and completely occupied by an Act of Parliament and covered by Entry 66 of List I of Schedule VII. It is, therefore, not open to the State Legislature to encroach upon the said field. Parliament alone could have exercised the power by making appropriate law. In the circumstances, it is not open to the State Government to refuse permission relying on a State Act or no policy consideration. 12. The permission to run the Special Basic Training Course 2007 has been granted by the Regional Committee under Section 15 of the Act of 1993. It is useful to quote the relevant portion of
3 All] Smt. Sadhana Singh V. State of U.P. and others 989 order of the Regional Committee granting permission to run Special Basic Training Course vide its order dated 27th June, 2007, which reads as follows : “Whereas, NRC in its 118th (1st sitting) meeting held on 16th - 18th June, 2007 after thorough discussion and observation related documents, noted the following:- As per proposal submitted by the Government, it has been informed that admission will be granted in this special programme of six months duration only to those candidates who are already B.Ed. The NRC appreciated the proposal of U.P. Government decided to grant approval to conduct the special BTC programme bridge course as proposed by the state. It will be only one approval. Teachers are to be trained only in DIETs recognizes NRC-NCTE. The committee also observed that as this programme will be conducted only in recognised DIETs, so there is not for any inspection. Now, therefore, in exercise of the powers vested Section 15(3)(b) of the NCTE Act, the Regional Commissioner hereby grants one time approval for training 60,000 candidates primary teachers who are already B.Ed. subject to the fulfil of the following : a. The teachers are to be trained only in the list of recognised by NRC-NCTE. b. The SCERT to submit the date of commence of the course along with the list of the recognized where the proposal training is to be conducted. c. The quarterly progress report of the programme to be submitted to NRC- NCTE. d. The curriculum as finalized in the meeting between NCTE and the State Government of U.P. followed for the programme. 13. From the above quoted order of the NCTE, it is clear that NCTE granted permission to run the Special Basic Training Course for the candidates, who are already B.Ed. 14. The Full Bench of this Court in the case of Bhupendra Nath Tripathi and others vs. State of U.P. and others (Special Appeal No. 858 of 2008) had examined the following three issues: (I) Whether after the enforcement of 1993 Act the candidates who obtained B.Ed. degree from an institution or a University during the period when the application of the Institution or University for grant of recognition was pending are eligible for Special B.T.C. Course-2007 as held by Division Bench judgement in Ekta Shukla's case Whether the candidates who have obtained degree from an institution or University recognised by NCTE are only eligible for Special B.T.C. Course 2007 as held by Division Bench judgement in Sanjai Kumar and Sunita Upadhyay's case Or (II) Whether recognition, as referred to in the proviso to Section 14(1) of the N.C.T.E. Act 1993 Act can be treated to be deemed recognition under the 1993 Act of an institution or a University for the period application were pending
Page 1 and 2: 3 All] Smt. Katori Devi V. Nawab Si
Page 7 and 8: 3 All] Kailash Babu Gupta V. State
Page 9 and 10: 3 All] Anil Kumar Vashisth V. State
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3 All] Matloob Gaur V.State of U.P.
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3 All] Ashutosh Kumar Tripathi V.St
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3 All] Superintending Engineer and
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3 All] Dr. R.C. Agrawal and another
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Nov - High Court of Judicature at Allahabad

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