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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3505 OF 2012
(arising out of S.L.P. (Civil) No. 233 OF 2011)
NATIONAL COUNCIL FOR TECH.EDU. & ANR. Appellant(s)
VERSUS
VAISHNAV INST.OF TECH.& MGT. Respondent(s)
WITH
CIVIL APPEAL NO. 3518 OF 2012
(arising out of SLP(C) NO. 12101 of 2011)
CIVIL APPEAL NO. 3519 OF 2012
(arising out of SLP(C) NO. 12355 of 2011)
CIVIL APPEAL NO. 3520 OF 2012
(arising out of SLP(C) NO. 12738 of 2011)
CIVIL APPEAL NO. 3521 OF 2012
(arising out of SLP(C) NO. 12803 of 2011)
CIVIL APPEAL NO. 3522 OF 2012
(arising out of SLP(C) NO. 12815 of 2011)
CIVIL APPEAL NO. 3523 OF 2012
(arising out of SLP(C) NO. 12890 of 2011)
CIVIL APPEAL NO. 3524 OF 2012
(arising out of SLP(C) NO. 12963 of 2011)
CIVIL APPEAL NO. 3525 OF 2012
(arising out of SLP(C) NO. 13023 of 2011)
CIVIL APPEAL NO. 3526 OF 2012
(arising out of SLP(C) NO. 15239 of 2011
CIVIL APPEAL NO. 3506 OF 2012
(arising out of SLP(C) NO. 21796 of 2011)Page 2
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CIVIL APPEAL NO. 3507 OF 2012
(arising out of SLP(C) NO. 21797 of 2011)
CIVIL APPEAL NO. 3508 OF 2012
(arising out of SLP(C) NO. 21798 of 2011)
CIVIL APPEAL NO. 3509 OF 2012
(arising out of SLP(C) NO. 21906 of 2011)
CIVIL APPEAL NO. 3510 OF 2012
(arising out of SLP(C) NO. 21907 of 2011)
CIVIL APPEAL NO. 3511 OF 2012
(arising out of SLP(C) NO. 21909 of 2011)
CIVIL APPEAL NO. 3512 OF 2012
(arising out of SLP(C) NO. 21910 of 2011)
CIVIL APPEAL NO. 3513 OF 2012
(arising out of SLP(C) NO. 25921 of 2011
CIVIL APPEAL NO. 3514 OF 2012
(arising out of SLP(C) NO. 25922 of 2011)
CIVIL APPEAL NO. 3515 OF 2012
(arising out of SLP(C) NO. 25923 of 2011)
CIVIL APPEAL NO. 3516 OF 2012
(arising out of SLP(C) NO. 25925 of 2011)
CIVIL APPEAL NO. 3517 OF 2012
(arising out of SLP(C) NO. 25926 of 2011)
J U D G M E N T
R.M. LODHA, J.
Delay condoned in filing special leave
petitions.
2. Interlocutory application for permission to
delete respondent Nos. 3 and 4 from the array of
parties in Special Leave Petition (Civil) No. 12815 ofPage 3
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2011 is allowed at the risk of the petitioner.
3. Leave granted.
4. Of these 22 Appeals, 9 arise from the judgment
of the Delhi High Court and 13 from the different
judgments of the Madhya Pradesh High Court. 13 Appeals
arising from the judgments of the Madhya Pradesh High
Court have been preferred by the National Council for
Teacher Education (for short, 'NCTE' or 'Council') and
the concerned Regional Committee. The 9 Appeals
arising from the judgment of the Delhi High Court have
been filed by various institutions.
5. In these Appeals, the common question for
consideration is, where an action is contemplated
against recognised institution under Section 17(1) of
the National Council for Teacher Education Act, 1993,
(for short, 'the 1993 Act') by the Regional Committee
and inspection of such recognised institution is found
necessary, whether such inspection must proceed under
Section 13 of the 1993 Act or independent of Section
13, the Regional Committee is empowered to carry out
inspection ?Page 4
4
6. The Madhya Pradesh High Court has taken the
view that it is imperative on the part of the Council
to issue notice under Section 13 of the 1993 Act to the
recognised institution and, if on inspection under
Section 13, contraventions are found, then a notice
needs to be given by the Council to the concerned
recognised institution pointing out to it the
deficiencies noticed during inspection and, if the
institution fails to remove the deficiencies so pointed
out, the action under Section 17 may be taken.
7. The Delhi High Court has not accepted the
above view of the Madhya Pradesh High Court. In the
view of the Delhi High Court, the power of inspection
by the Regional Committee is inherent in exercise of
the power under Section 17 of the 1993 Act and it is
not imperative on the part of the Council to issue
notice under Section 13 of the 1993 Act before taking
action under Section 17 of the 1993 Act.
8. Mr. Amitesh Kumar, learned counsel for the
NCTE, stoutly defended the judgment of the Delhi High
Court. He referred to Sections 13, 14, 15 and 17 of the
1993 Act and submitted that the provision of inspection
under Section 13 is entirely different and the power ofPage 5
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Regional Committee conferred under Section 17 with
regard to withdrawal of recognition and the
consequences for contravention of the provisions of the
1993 Act, Rules, Regulations, etc. is self-contained
and not circumscribed by the provision of inspection by
the Council provided in Section 13. He submitted that
Regional Committee might not be able to discharge its
functions under Section 17 appropriately if for
exercise of such power the provision of Section 13 is
read into Section 17.
9. Learned counsel for the NCTE also raised the
grievance about the nature of direction given by the
Madhya Pradesh High Court in the impugned judgments.
10. On the other hand, learned counsel for the
institutions supported the view of the Madhya Pradesh
High Court. They submitted that the view of the Delhi
High Court was not in conformity with the statutory
scheme under the 1993 Act and the rules framed
thereunder.
11. The 1993 Act was enacted by the Parliament to
provide for the establishment of a National Council for
Teacher Education with a view to achieving planned and
co-ordinated development for the teacher education
system throughout the country, the regulation andPage 6
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proper maintenance of norms and standards in the
teacher education system and for matters connected
therewith. It came into force with effect from July 1,
1995.
12. Section 2 deals with definitions of the
expressions used elsewhere in the 1993 Act. Section
2(c) defines “Council” as under :
“Section 2(c) “Council” means the National
Council for Teacher Education established
under sub-section (1) of section 3.”
Section 2(i) defines “recognised institution” as
under :
“Section 2(i) “recognised institution” means
an institution recognised by the Council
under section 14.”
Section 2(j) defines “Regional Committee” as under :
“Section 2(j) “Regional Committee” means a
committee established under Section 20.”
According to Section 2(k), “Regulations” means
regulations made under Section 32.
13. The establishment of the Council is provided
in Section 3. According to sub-section (2) thereof, the
Council is a body corporate having perpetual
succession. Under sub-section (3) of Section 3, with
the previous approval of the Central Government, thePage 7
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Council may establish regional offices at other places
in India while the head office of the Council is in
Delhi.
14. Section 12 sets out the functions of the
Council. Section 13, which is relevant for our
purposes, reads as follows :-
“13. Inspection.-
(1) For the purposes of ascertaining whether
the recognised institutions are functioning in
accordance with the provision of this Act, the
Council may cause inspection of any such
institution, to be made by such persons as it
may direct, and in such manner as may be
prescribed.
(2) The Council shall communicate to the
institution the date on which inspection under
sub-section (1) is to be made and the
institution shall be entitled to be associated
with the inspection in such manner as may be
prescribed.
(3) The Council shall communicate to the said
institution, its views in regard to the results
of any such inspection and may, after
ascertaining the opinion of that institution,
recommend to that institution the action to be
taken as a result of such inspection.
(4) All communications to the institution under
this section shall be made to the executive
authority thereof, and the executive authority
of the institution shall report to the Council
the action, if any, which is proposed to be
taken for the purposes of implementing any such
recommendation as is referred to in sub-section
(3).
15. Recognition of teacher education institutions
is provided in Chapter IV of the 1993 Act. Sections 14,Page 8
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15, 17 and 18, which are relevant for the consideration
of the present matter, read as follows :
“14. Recognition of institutions offering
course or training in teacher education.-(1)
Every institution offering or intending to
offer a course or training in teacher education
on or after the appointed day, may, for grant
of recognition under this Act, make an
application to the Regional Committee concerned
in such form and in such manner as may be
determined by regulations:
Provided that an institution offering a
course or training in teacher education
immediately before the appointed day, shall be
entitled to continue such course or training
for a period of six months, if it has made an
application for recognition within the said
period and until the disposal of the
application by the Regional Committee.
(2) The fee to be paid along with the
application under sub-section (1) shall be such
as may be prescribed.
(3) On receipt of an application by the
Regional Committee from any institution under
sub-section (1), and after obtaining from the
institution concerned such other particulars as
it may consider necessary, it shall,-
(a) if it is satisfied that such
institution has adequate financial
resources, accommodation, library,
qualified staff, laboratory and that it
fulfils such other conditions required for
proper functioning of the institution for
a course or training in teacher education,
as may be determined by regulations, pass
an order granting recognition to such
institution, subject to such conditions as
may be determined by regulations; or
(b) if it is of the opinion that suchPage 9
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institution does not fulfil the
requirements laid down in sub-clause (a),
pass an order refusing recognition to such
institution for reasons to be recorded in
writing:
Provided that before passing an
order under sub-clause (b), the Regional
Committee shall provide a reasonable
opportunity to the concerned institution
for making a written representation.
(4) Every order granting or refusing
recognition to an institution for a course or
training in teacher education under sub-section
(3) shall be published in the Official Gazette
and communicated in writing for appropriate
action to such institution and to the concerned
examining body, the local authority or the
State Government and the Central Government.
(5) Every institution, in respect of which
recognition has been refused shall discontinue
the course or training in teacher education
from the end of the academic session next
following the date of receipt of the order
refusing recognition passed under clause (b) of
sub-section (3).
(6) Every examining body shall, on receipt of
the order under sub-section (4), -
(a) grant affiliation to the
institution, where recognition has
been granted; or
(b) cancel the affiliation of the
institution, where recognition has
been refused.
15. Permission for a new course or training by
recognised institution.-(1) Where any
recognised institution intends to start any new
course or training in teacher education, it may
make an application to seek permission to the
Regional Committee concerned in such form and
in such manner as may be determined byPage 10
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regulations.
(2) The fees to be paid along with the
application under sub-section (1) shall be such
as may be prescribed.
(3) On receipt of an application from an
institution under sub-section (1), and after
obtaining from the recognised institution such
other particulars as may be considered
necessary, the Regional Committee shall, -
(a) if it is satisfied that such
recognised institution has adequate
financial resources, accommodation,
library, qualified staff, laboratory, and
that it fulfils such other conditions
required for proper conduct of the new
course or training in teacher education,
as may be determined by regulations, pass
an order granting permission, subject to
such conditions as may be determined by
regulation; or
(b) if it is of the opinion that such
institution does not fulfil the
requirements laid down in sub-clause (a),
pass an order refusing permission to such
institution, for reasons to be recorded in
writing:
Provided that before passing an
order refusing permission under sub-clause
(b), the Regional Committee shall provide
a reasonable opportunity to the
institution concerned for making a written
representation.
(4) Every order granting or refusing permission
to a recognised institution for a new course or
training in teacher education under sub-section
(3), shall be published in the Official Gazette
and communicated in writing for appropriate
action to such recognised institution and to
the concerned examining body, the local
authority, the State Government and the Central
Government.Page 11
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17. Contravention of provisions of the Act and
consequences thereof.-
(1) Where the Regional Committee is, on its own
motion or on any representation received from
any person, satisfied that a recognised
institution has contravened any of the
provisions of this Act, or the rules,
regulations, orders made or issued thereunder,
or any condition subject to which recognition
under sub-section (3) of section 14 or
permission under sub-section (3) of section 15
was granted, it may withdraw recognition of
such recognised institution, for reasons to be
recorded in writing:
Provided that no such order against the
recognised institution shall be passed unless a
reasonable opportunity of making representation
against the proposed order has been given to
such recognised institution:
Provided further that the order
withdrawing or refusing recognition passed by
the Regional Committee shall come into force
only with effect from the end of the academic
session next following the date of
communication of such order.
(2) A copy of every order passed by the
Regional Committee under sub-section (1), -
(a) shall be communicated to the
recognised institution concerned and a
copy thereof shall also be forwarded
simultaneously to the University or the
examining body to which such institution
was affiliated for cancelling
affiliation; and
(b) shall be published in the Official
Gazette for general information.Page 12
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(3) Once the recognition of a recognised
institution is withdrawn under sub-section (1),
such institution shall discontinue the course
or training in teacher education, and the
concerned University or the examining body
shall cancel affiliation of the institution in
accordance with the order passed under subsection (1), with effect from the end of the
academic session next following the date of
communication of the said order.
(4) If an institution offers any course or
training in teacher education after the coming
into force of the order withdrawing recognition
under sub-section (1), or where an institution
offering a course or training in teacher
education immediately before the appointed day
fails or neglects to obtain recognition or
permission under this Act, the qualification in
teacher education obtained pursuant to such
course or training or after undertaking a
course or training in such institution, shall
not be treated as a valid qualification for
purposes of employment under the Central
Government, any State Government or University,
or in any school, college or other educational
body aided by the Central Government or any
State Government.
18. Appeals.-(1) Any person aggrieved by an
order made under section 14 or section 15 or
section 17 of the Act may prefer an appeal to
the Council within such period as may be
prescribed.
(2) No appeal shall be admitted if it is
preferred after the expiry of the period
prescribed therefor:
Provided that an appeal may be admitted
after the expiry of the period prescribed
therefor, if the appellant satisfied the
Council that he had sufficient cause for not
preferring the appeal within the prescribed
period.
(3) Every appeal made under this section shall
be made in such form and shall be accompaniedPage 13
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by a copy of the order appealed against and by
such fees as may be prescribed.
(4) The procedure for disposing of an appeal
shall be such as may be prescribed:
Provided that before disallowing an
appeal, the appellant shall be given a
reasonable opportunity to represent its case.
(5) The Council may confirm or reverse the
order appealed against.”
16. Section 20 deals with Regional Committees.
Sub-section (1) thereof provides that the Council
shall, by notification in the Official Gazette,
establish the following Regional Committees, namely,
(i) The Eastern Regional Committee; (ii) the Western
Regional Committee; (iii) the Northern Regional
Committee, and (iv) the Southern Regional Committee.
Its composition, terms of the members, etc. are
provided in different sub-sections. Sub-section (6)
provides that the Regional Committee shall, in addition
to its functions under Sections 14, 15 and 17, perform
such other functions, as may be assigned to it by the
Council or as may be determined by regulations.
17. The Council has been empowered to terminate
the Regional Committee in the circumstances provided in
Section 21. Section 27 empowers the Council to delegate
its powers and functions, etc., except the power to
make regulations under Section 32.Page 14
14Page 15
15
18. Section 31 empowers the Central Government to
make rules, while Section 32 empowers the Council to
make regulations. In exercise of powers conferred under
Section 31, the Central Government has framed the rules
titled the National Council for Teacher Education
Rules, 1997 (for short, 'the 1997 Rules'). Relevant
rule for the purposes of our consideration is Rule 8,
which deals with inspection. Rule 8 provides as under :
“8. Inspection :-
(1) The Council may inspect the recognised
institutions in the manner specified in subrules (2) to (8).
(2) The Council shall approve a panel of names
of experts in teacher education or educational
administration who may be able to inspect the
recognised institutions. The Chairman shall
nominate at least two person out of the panel
of experts to a inspection team.
(3) The Council shall give a notice of its
intention to the institution alongwith a
questionnaire in Form – 'IV' seeking
information within fifteen days on all relevant
matters relating to the institution.
(4) On receipt of the completed questionnaire,
the Council shall communicate the names of the
members of inspection team and the date of
inspection to the institution.
(5) The institution to be inspected shall
nominate its one officer or employee, to be
associated with the inspection team.Page 16
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(6) The inspection team shall ascertain as to
whether the institution is functioning in
accordance with the provisions of the Act and
the rules and regulations made thereunder.
(7) The members of the inspection team may, if
deem necessary, interact with the faculty
members and other employees of the institution.
(8) The inspection team shall submit its report
to the Council within a period of fifteen days
from the last day of the inspection.”
19. From the survey of the above provisions, it
would be seen that the Council has been established for
ensuring planned and co-ordinated development for the
teacher education; for proper maintenance of norms and
standards for teacher education and for discharge of
diverse functions assigned to it in the 1993 Act. The
Regional Committees are empowered to discharge their
functions as statutorily provided in Sections 14, 15
and 17 and also such other functions which may be
assigned to them by the Council or which may be
provided in the regulations. For grant of recognition
to an institution, the Regional Committee, on receipt
of the application as prescribed, has to consider
diverse aspects, particularly it has to be satisfied
that such institution has adequate financial resources,
accommodation, library, qualified staff, laboratory and
that the applicant-institution fulfils other conditionsPage 17
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necessary for proper functioning for a course or
training in teacher education. It is only after the
Regional Committee issues recognition to an institution
and that is notified in the Official Gazette, the
Examining Body grants affiliation to such institution.
20. Under Section 15, the Regional Committee is
empowered to grant permission for a new course or
training to an institution which has already been
granted recognition.
21. Section 17 empowers the Regional Committee to
take action against recognised institution where it
receives a representation from any person or it is suo
motu satisfied that a recognised institution has
contravened any of the provisions of the 1993 Act or
the 1997 Rules, regulations, orders made or issued
thereunder, etc. or the recognised institution has
contravened the conditions of recognition.
22. Once recognition has been granted by the
Regional Committee to an institution, the Council has
to ensure that such recognised institution functions in
accordance with the 1993 Act. To achieve that
objective, the Council has to get inspection of
recognised institution done periodically and, if such
institution is found wanting in its functioning asPage 18
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required, then recommend to the institution the
remedial action to be taken by it as a result of
inspection.
23. In view of the above statutory scheme, it is
hard to appreciate the litigious approach of the
council and the present controversy. If the Council
feels that its function of inspection under Section 13
may be performed by the Regional Committees, it can so
provide by invoking Section 20(6) or Section 27, as the
case may be.
24. What is clear from the provisions of the 1993
Act is that post recognition, an institution acquires a
different position. On recognition by the Regional
Committee under Section 14 and on affiliation being
granted by the Examining Body, once the recognised
institution starts functioning, the interest of
teachers, employees and the students intervene. In
order to ensure that the recognised institutions
function in accordance with the 1993 Act, the 1997
Rules, regulations and the conditions of recognition
and, at the same time, functioning of such recognised
institutions is not disturbed unnecessarily, the
provision for inspection and follow-up action pursuant
thereto has been made in Section 13. By Section 13,Page 19
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as a matter of law, it is intended that the Council
ascertains whether the recognised institutions are
functioning in accordance with the provisions of the
1993 Act or not. For that purpose, it empowers the
Council to cause inspection of any such institution to
be made by such persons as it may direct, and in such
manner as may be prescribed. The Council may authorise
the Regional Committee to carry out its function of
inspection. But such inspection has to be made as
prescribed in Rule 8 to find out whether such
recognised institution is or is not functioning in
accordance with the provisions of the 1993 Act.
25. In the 1997 Rules framed by the Central
Government, Rule 8 deals with inspection and sub-rule
(6) provides that the inspection team shall ascertain
as to whether the recognised institution is functioning
in accordance with the provisions of the 1993 Act and
the rules and regulations made thereunder.
26. On inspection being completed as provided in
sub-sections (1) and (2) of Section 13 of the 1993 Act
read with Rule 8 of the 1997 Rules, the Council is
required to communicate to the concerned institution
its views with regard to the outcome of the inspection
and, if deficiencies are found, to recommend to suchPage 20
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institution to make up the deficiencies. The whole idea
is that the Council as a parent body keeps an eye over
the recognised institutions that they function in
accordance with the 1993 Act and the rules and the
regulations and orders made or issued thereunder and,
if any recognised institution is found wanting in its
functioning, it is given an opportunity to rectify the
deficiencies.
27. Derecognition or withdrawal of recognition of
a recognised institution is a drastic measure. It
results in dislocating the students, teachers and the
staff. That is why, the Council has been empowered
under Section 13 to have a constant vigil on the
functioning of a recognised institution. On
recommendation of the Council after inspection, if a
recognised institution does not rectify the
deficiencies and continues to function in contravention
of the provisions of the 1993 Act or the rules or the
regulations, the Regional Committee under Section 17
has full power to proceed for withdrawal of recognition
in accordance with the procedure prescribed therein.Page 21
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28. Sections 17 and 13 must be harmoniously
construed. In exercise of its powers under Section 17,
the Regional Committee may feel that inspection of a
recognised institution is necessary before it can
arrive at the satisfaction as to whether such
recognised institution has contravened any of the
provisions of the 1993 Act or the rules or the
regulations or the orders made thereunder or breached
the terms of the recognition. In that event, the route
of inspection as provided under Section 13 has to be
followed. If the Regional Committee has been authorised
by the Council to perform its function of inspection,
the Regional Committee may cause the inspection of
recognition institution to be made as provided in
Section 13 and prescribed in Rule 8. Where, however,
the Regional Committee feels that the inspection of a
recognised institution is not necessary for the
proposed action under Section 17, obviously it can
proceed in accordance with the law without following
the route of inspection as provided under Section 13.
29. Mr. Amitesh Kumar, learned counsel for the
NCTE, submitted that for an action under Section 17,
inspection of the recognied institutions would bePage 22
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necessary in most of the situations and, if the route
of inspection under Section 13 was followed, it would
result in delay and might affect right of appeal given
to an aggrieved institution under Section 18 against
the order of the Regional Committee passed under
Section 17. The submission does not appeal us. It is
hard to accept that unnecessary delay would occasion if
inspection of a recognised institution is carried out
in terms of Section 13 and as prescribed by Rule 8.
Rather the inspection in that manner would bring
objectivity and fairness. The guidelines for
expeditious completion of such inspection can always be
framed by the Council. The efficacy of right of appeal
under Section 18 is not at all affected if the
inspection of a recognied institution is done in the
manner indicated above.
30. In view of the above, the view of the Delhi
High Court does not commend us and we set aside the
judgment of the Delhi High Court. The view of the
Madhya Pradesh High Court to the extent it runs
contrary to what we have noted above does not hold
good. In other words, the view of the Madhya Pradesh
High Court that before proceeding under Section 17 of
the 1993 Act, the course of inspection provided inPage 23
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Section 13 has to be necessarily followed in all
situations is set aside. If satisfaction under Section
17 can be arrived at without inspection of a
recognition institution, the Regional Committee is not
required to follow the route of Section 13. However,
where the Regional Committee forms an opinion that for
its proper satisfaction as to whether a recognised
institution has contravened the provisions of the 1993
Act or the rules or the regulations or the orders made
or issued thereunder or the conditions of recognition,
an inspection is necessary, then necessarily the
inspection and follow-up action under Section 13 has to
be followed. We answer the question accordingly.
31. It appears that the concerned institutions are
presently not functional because of withdrawal of
recognition. Insofar as Appeals arising from the Madhya
Pradesh High Court are concerned, in the Appeals
preferred by the NCTE, the Court by an interim order
stayed the judgment of the Madhya Pradesh. As regards
the Appeals filed by the institutions from the judgment
of the Delhi High Court, we find that this Court
refused to grant any stay in favour of the
institutions. We are informed that with regard to the
institutions who have appealed against the Delhi HighPage 24
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Court judgment, the Regional Committee had already
ordered withdrawal of their recognition, but later on,
the order of withdrawal of recognition was put in
abeyance until the decision in the Writ Petitions. It
would be, thus, seen that on dismissal of the Writ
Petitions by the Delhi High Court, the order of
withdrawal of recognition of the institutions has come
into operation.
32. In what we have discussed above, in our
considered view, interest of justice shall be subserved if the Council causes inspection of all the
institutions concerned in these Appeals – which
approached Madhya Pradesh High Court and Delhi High
Court - being made as provided in Section 13 of the
1993 Act within six weeks from today. The Council shall
communicate to the concerned institutions the result of
such inspection and call upon the institutions to make
up the deficiencies, if found during such inspection,
as early as may be possible. With regard to the
institutions where no deficiencies are found in the
course of inspection or the institutions which make up
deficiencies brought to their notice as a result of
inspection, the Regional Committee shall issue
appropriate order withdrawing order of derecognition.Page 25
25
In respect of the institutions which do not make up the
deficiencies within time granted by the Council, the
order of withdrawal of recognition by the Regional
Committee shall stand.
33. Civil Appeals are disposed of as above with no
order as to costs.
34. In view of the above, Interlocutory
Applications, if any, do not survive and stand disposed
of.
........................J.
(R.M. LODHA)
NEW DELHI; ..........................J.
APRIL 12, 2012 (H.L. GOKHALE)
