The right to grant recognition to the training colleges under National Council for Teacher Education Act, 1995

The Supreme Court of India, on 23-11-2010, in the matter of Bhagwan Budha Prathmik Technical Training College Nirmali Versus Union of India & Others held that in 17 August 1995 the National Council for Education Teachers education bill 93 was passed. Under the act, the right to grant approval to the training colleges is now given to the National Council for Teachers Education. Thus in the aforesaid circumstances the concerned college has to make an application for permission before the NationalCouncil for Teachers Education. The matter pertaining to approval/recognition is not within the power of the State Govt. But the college can be considered to be recognized one with effect from 1987-89 to 1995, because the approval ought to have been granted in view of the inspection report." under Section 14 of the Act, the institute which is giving teachers training has to apply for its recognition to NCTE within six months of the Act coming into force. The students of an institution recognized by NCTE alone can appear for the qualifying examination as per Section 16 of the Act. It becomes clear that after the application of the National teachers training council (N.C.T.E.) Act 1993, the right to grant recognition to the training colleges is the authority of the regional council, National council for Teacher education and not of the State Government or of any other authority. Section 16 (b) lays down thereafter that after the appointed day no examining body shall hold examination for a course or training conducted by an institution, unless it has obtained recognition from the Regional Committee of NCTE. Sections 14 (1) and 16 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." "16. Affiliating body to grant affiliation after recognition of permission by the Council - Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day,- (a)grant affiliation, whether provisional or otherwise, to any institution; or (b)hold examination, whether provisional or otherwise, for a course or training conducted by a recognized institution, unless the institution concerned has obtained recognition from the Regional Committee concerned, under section 14 or permission for a course or training under section 15." Appointed day' has been defined under Section 2 (a) of the Act as the date of establishment of National Council for Teacher Education. Section 3 (1) of the Act lays down that with effect from a date as the Central Government may by notification in the official gazette appoint, there shall be established a council to be called the National Council for Teacher Education. Prior to 1995, the NCTE had existed since about 1973 as a government advisory body (and not as a separate institution) to look after development and progress of "teacher education". The NCTE was then only a department of the National Council of Educational Research and Training. The National Council for Teacher Education, in its previous status since 1973, was an advisory body for the Central and State Governments on all matters pertaining to teacher education, with its Secretariat in the Department of Teacher Education of the National Council of Educational Research and Training (NCERT). Despite its commendable work in the academic fields, it could not perform essential regulatory functions, to ensure maintenance of standards in teacher education and preventing proliferation of substandard teacher education institutions. The National Policy on Education (NPE) 1986, and the Programme of Action thereunder, envisaged a National Council for Teacher Education with statutory status and necessary resources as a first step for overhauling the system of teacher education. The NCTE Act came into force on 1.7.1995, vide S.O. 620(E), dated 1.7.1995, published in the Gazettee of India, Ext. Pt. II, S.3(ii), dated 10.7.1995 by exercising the power under Section 1 (3) of the NCTE Act. The National Council for Teacher Education as a statutory body came into existence in pursuance of the NCTE Act, 1993 (No. 73 of 1993) on 17.8.1995.