No validity of certificates by unrecognised institutions: SC

Duty of regional committees of NCTE to ensure that necessary norms are followed by insti

PTI | January 11, 2012



The supreme court has ruled that certificates awarded by unreognized private teachers' training institutes will have no legality unless the courses are recognised by the National Council for Technical Education (NCTE).

A bench of justices G S Singhvi and A K Ganguly said it would be the duty of the regional committees of the NCTE to ensure that the institutions follow necessary norms in terms of infrastructure, curriculum and other stipulations contained in the NCTE 1993 Act to curb unregulated institutes.

The apex court also ruled that no high court in the country can give any interim relief to such unrecognised institutions in such matters if their recognitions is rejected or withdrawn at any point of time.

"Once the recognition is withdrawn under Section 17(1), the concerned institution is required to discontinue the course or training in teacher education and the examining body is obliged to cancel the affiliation.

"The effect of withdrawal of the recognition is that the qualification in teacher education obtained pursuant to the course or training undertaken at such institution is not to be treated as valid qualification for the purpose of employment under the central government, any state government or university or in any educational body aided by the central or the state government", Justice Singhvi, writing the judgement, said.

The apex court passed the directions dismissing the appeal of Madhya Pradesh based-Adarsh Shiksha Mahavidyalaya challenging certain directions of the state high court and the Western Regional Council on norms to be followed by teachers training institutes.

The bench noted that in the last 15 years, the Western regional committee entertained thousands of applications made by private institutions for starting teacher training courses albeit, without ensuring compliance of the mandatory provisions.

Some of these institutions were started in commercial premises like marriage halls and shops and in existing school premises without the required infrastructure and staff and admitted students from different parts of the country, a majority of whom did not even know the place from where the institutions were operating.

Interpreting the NCTE Act, the apex court said that "in view of the mandate of Section 16, no examining body, as defined in Section 2(d) of the 1993 Act, shall grant affiliation unless the applicant has obtained recognition from the regional committee under Section 14 or permission for starting a new course or training under Section 15.

"No institution shall admit any student to a teacher training course or programme unless it has obtained recognition under Section 14 or permission under Section 15, as the case may be.

"In future, the high courts shall not entertain prayer for interim relief by unrecognised institutions and the institutions, which have not been granted affiliation by the examining body, and/or the students admitted by such institutions for permission to appear in the examination or for declaration of the result of examination," the bench said.

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