6. Therefore, some date had to be fixed for submission of application and some time schedule had to be prescribed for taking final decision on the issue of recognition, which necessarily involves scrutiny of the application, removal of deficiency, if any, receipt of recommendations/suggestions of the State Government/Union Territory Administration, inspection of infrastructure, equipments and other facilities in the institution and consideration of the entire material including report of the inspection committee.
Section 2(j) defines the term “Regional Committee” to mean a Committee established under Section 20. 14. Capabilities of the institution for fulfilling norms prepared by NCTE may be kept in view. & B.P. Institutions should be allowed to come into existence only if the sponsors are able to ensure that they have adequate material and manpower resources in terms, for instance, of qualified teachers and other staff, adequate buildings and other infrastructure (laboratory, library, etc. (11) The institution concerned, after appointing the requisite faculty/staff as per Regulation 7(9) above and fulfilling the conditions under Regulation 7(10) above shall formally inform the Regional Committee concerned alongwith the requisite affidavit and staff list.
Section 16 contains a non obstante clause and lays down that an examining body shall not grant affiliation to any institution or hold examination for a course or training conducted by a recognised institution unless it has obtained recognition from the concerned Regional Committee under Section 14 or permission for starting a new course or training under Section 15. When it is seen that a line or a point there must be and there is no mathematical or logical way of fixing it precisely, the decision of the legislature or its delegate must be accepted unless we can say that it is very wide off the reasonable mark.” (emphasis supplied). The role of the State Government is certainly important for supplying the requisite data which is essential for formation of opinion by the Regional Committee while taking a decision under sub-section (3) of Section 14 of the Act. (3) The constitutional command to the State to afford equal protection of its laws sets a goal not attainable by the invention and application of a precise formula. Apart from the usual courses for teacher preparation, institutions which propose to concern themselves with new emerging specialities (e.g. The need of training for Secondary School Teacher has become a crying need in West Bengal. 26. (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. (4) After removal of all the deficiencies and to the satisfaction of the Regional Committee concerned, the inspection of infrastructure, equipments, instructional facilities etc, of an institution shall be conducted by a team of experts called Visiting Team (VT) with a view to assessing the level of preparedness of the institution to commence the course. Provisions for these should, however, be made only after ensuring that requisite manpower, equipment and infrastructure are available. On the issue of completion of minimum 180 teaching days, the learned Single Judge adverted to the order passed in the case of Bright Future Teacher Training Institute (supra) wherein it was held that the deficiency of teaching days could be completed by holding extra classes on holidays and overtime classes and held that similar mechanism could be adopted in the case of the private respondents. College in Hariharpara Community Block. Section 20 says that the competent authority shall, from time to time, conduct a survey to identify the educational needs of the locality under its jurisdiction notified through the local newspapers calling for applications from the educational agencies. Section 31(1) empowers the Central Government to make rules for carrying out the provisions of the Act. The State Government or the Union Territory has to necessarily confine itself to the guidelines issued by the Council while considering the application for grant of an NOC. (3) Simultaneously, a written communication is required to be sent to the State Government/Union Territory Administration. The Regional Committee concerned shall then issue a formal recognition order that shall be notified as per provision of the NCTE Act. Administration concerned. Section 32(2) specifies the matters on which the Council can frame regulations. In exercise of the power vested in it under Section 32, the Council has, from time to time, framed Regulations. NCTE Recognized Institution - SRO-96/NCTE/2150 About Us St. John’s Teacher Training Institute has earned a distinguished place in the annals of History of Tamilnadu.This premier institution had its humble origin in the year 1877. Except for leaning on a past practice the High Court has not assigned any reasons for its choice of the date. 3. He, however, argued that the reasons assigned by the learned Single Judge for striking down the cut off date specified in clause (5) of Regulation 5 are legally untenable and to that extent the order of the learned Single Judge and the judgment of the Division Bench are liable to be set aside. Bratheep and others (2004) 4 SCC 513, the Court interpreted the provisions of the All India Council for Technical Education Act, 1987, referred to the Constitution Bench judgment in Dr. Preeti Srivastava’s case and observed that the State Government can prescribe additional qualification to what has been prescribed by AICTE for admission to engineering courses and no fault can be found with such a provision.
The concessional rate of duty can be availed of only by those who satisfy the conditions which have been laid down under the notification. A training institution which has a demonstration school where innovative and experimental approaches can be demonstrated could be given preference.”. (10) At the time of inspection, the building of the institution shall be complete in the form of a permanent structure on the land possessed by the institution in terms of Regulation 8(7), equipped with all necessary amenities and fulfilling all such requirements as prescribed in the norms and standards.
In compliance of that order, affidavit dated 25.2.2009 was filed on behalf of the Council, wherein it was claimed that recognition was granted to some institutions after 31.8.2008 in compliance of the orders passed by the Delhi High Court. These considerations will also be kept in view by the institution intending to provide for optional subjects to be chosen by students such as guidance and counselling, special education, etc.
The Regional Committee cannot perform such Herculean task and it has to necessarily depend upon some other agency or body for obtaining necessary information. 16.
This Court referred to Section 14 of the Act and two clauses of Regulation 5, which were impugned in the writ petition filed by the appellant and observed: “Sub-section (3) of Section 14 casts a duty upon the Regional Committee to be satisfied with regard to a large number of matters before passing an order granting recognition to an institution which has moved an application for the said purpose.