Reiterating the state’s role in the process, the apex court said NCTE must take into consideration the recommendations of the state/union territory governments despite having the final say.
The Supreme Court in the judgment of State of Rajasthan v. LBS B.Ed College and Ors., delivered by Justice Dipak Misra, has dealt with the role of the state government while granting recognition to an institution that apply for NCTE recognition under the National Council for Teacher Education Act, 1993 and the regulations framed thereunder.
The court relied on the judgment in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors. ((2006) 9 SCC 1), which held that the order passed and action taken by the NCTE cannot be termed illegal or unlawful and the state government cannot refuse permission on the ground of so-called 'policy' of not allowing new B.Ed. colleges to be opened.
The Supreme Court also relied on the judgment in National Council for Teacher Education & others v. Shri Shyam Shiksha Prashikshan Sansthan & others ((2011) 3 SCC 238), where the controversy of the role of the state arose, and it was finally held that final authority to take decision on the issue of grant of recognition is vested with the NCTE and it cannot be denuded of that authority on the ground that the state government/union territory administration has refused to issue the NOC.
After careful examination of various aspects, the court pronounced the judgment as:
“As we find from the aforesaid authorities as well as the regulations framed by the NCTE, the state has a say, may be a limited one. We are inclined to use the word 'limited' because the state's say is not binding on the NCTE. However, the NCTE is required to take the same into consideration, for the state has a vital role to offer proper comments supported by due reasoning. It needs no special emphasis to say that final authority rests with the NCTE. It is the clear legal position.”
Reiterating the state’s role in the process, the court said the NCTE must take into consideration the recommendations of the state/union territory governments despite having the final say.
Disposing of the appeal, the apex court said that in the future, whenever an application is received for grant of recognition, the NCTE shall be guided by its own regulations and the court judgments and the state shall remain bound by the principles set out herein above.
Read the Judgment here.