The Hindu : Madras HC judgment on TTIs stayed

Online edition of India's National Newspaper
Saturday, Apr 13, 2002

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Madras HC judgment on TTIs stayed

By Our Legal Correspondent

NEW DELHI April 12. The Supreme Court today stayed the operative portion of a judgment of the Madras High Court granting powers to the Tamil Nadu Government to individually consider and pass orders on each application from parties for the issue of a no objection certificate (NOC) for starting teacher training institutes (TTIs).

A Bench, comprising S. Rajendra Babu and B.N. Agrawal, granted the stay on a special leave petition (SLP) by Gokulam Teacher Training Institute, Acharapakkam, challenging the impugned judgment dated September 14, 2001.

A batch of petitions were filed in the High Court challenging the decision of the then Tamil Nadu Government rejecting the request for issuing NOC for starting of TTIs on the ground that there was no necessity for establishing TTIs in the State as many trained teachers were without jobs.

A single judge directed the Government to consider the applications on merits and pass orders. The appeals by the Government were dismissed by a Division Bench, which, however, directed the Government to individually consider each application for the purpose of giving NOC.

The SLP was directed against this judgment.

Appearing for the petitioner, senior counsel, K. Subramanian submitted that based on the judgment of the High Court, the State Government had issued a G.O. on February 4 inviting applications and appointing committees to inspect and had also prescribed norms for issuing the NOC.

The counsel submitted that under the scheme of the National Council for Teacher Education Act, it was only the NCTE which could prescribe the norms. Also, he said the question of grant of recognition had to be considered only by the NCTE and the Regional Council at Bangalore.

The role of the State Government was limited only to find out the need for establishing the institute and it could not process the applications and issue the NOC, he said and prayed for stay of the impugned judgment.

The Bench while staying the operative portion of the judgment issued notice to the Tamil Nadu Government and the Regional Director, NCTE, Bangalore.

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