The Hindu : Front Page : Verdict on B.Ed. colleges set aside

Online edition of India's National Newspaper
Friday, Jul 15, 2005

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Verdict on B.Ed. colleges set aside

Legal Correspondent

NEW DELHI: The Supreme Court, on Thursday, set aside a Kerala High Court judgment to the extent that it (High Court) restrained the National Council for Teacher Education (NCTE) from considering the applications of teacher training institutes for grant of recognition.

A Bench of Chief Justice R.C. Lahoti and Justice P.K. Balasubranyan passed this order allowing a batch of special leave petitions challenging a judgment of the Kerala High Court refusing permission to 75 B.Ed institutions to seek recognition from the NCTE. The High Court had dismissed a batch of writ petitions challenging the decision to grant no-objection certificates to the 75 institutions for starting self-financing B.Ed. colleges in 2004-05.The institutions said that important questions of law were being raised in the SLPs, viz., whether the High Court was justified in restraining the NCTE from considering the applications of the petitioners for grant of recognition and that too on the ground that it would increase the burden of the NCTE; whether the grant or refusal of no objection certificate by the State Government was conclusive or binding on the NCTE; whether the High Court judgment was not contrary to the apex court judgment in the St. John's Teacher Training Institute case; whether the committee appointed by the State Government having fulfilled the necessary requirements in setting up B.Ed. colleges; and whether the State had acted arbitrarily in refusing to grant NOC to the petitioners.

The SLPs contended that the High Court's finding that it would create burden on the statutory body amounted to an injunction on the NCTE from exercising its statutory function.

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