State Govt. Decision Not To Recommend Further Recognition To New B.Ed. Colleges On The Need/Requirement Basis Not Arbitrary : Supreme Court

The Supreme Court observed that a State Government decision not to recommend further recognition to the new B.Ed. colleges on the need basis cannot be said to be arbitrary.

When the State Government is required to provide detailed reasons against grant of recognition with necessary statistics, it includes the need and/or requirement, the bench of Justices MR Shah and MM Sundresh observed.

Nalanda College of Education, Dehradun applied to the Northern Regional Committee of the National Council for Teachers Education (NCTE) to increase the intake seats of the students. The opinion of the State Government was sought as per NCTE Regulations, 2014. The State Government opined that about 13000 students are passing B.Ed. course per annum against the need of 2500 teachers and therefore most of the students passing B.Ed. course would be unemployed. Consequently, the State Government opined that no fresh recognition be granted undertaking B.Ed. course. Allowing the writ petition filed by the College, the Uttarakhand High Court set aside this decision by the State. Assailing this order, the State approached the Apex Court.

Before the Apex Court, the State contended that it had taken a conscious policy decision not to grant recognition to the new Colleges for B.Ed. course and not to increase the intake capacity of the B.Ed. course for valid reasons/grounds. NCTE also supported the State.

Applying the decision in Vidharbha Sikshan Vyawasthapak Mahasangh v. State of Maharashtra & Others, reported in (1986) 4 SCC 361, the bench observed that the High Court has committed a serious error in holding that the decision not to recommend for the new B.Ed. colleges can be said to be arbitrary. The court said that under the provisions of the NCTE Regulations, the State is well within its right to make suitable recommendations.

"When the State Government is required to provide detailed reasons against grant of recognition with necessary statistics, it includes the need and/or requirement. Therefore, the State Government was well within its right to recommend and/or opine that the State Government is not in favour of granting further recognition to the new B.Ed. colleges as against the need of annually 2500 teachers approximately 13000 students would be passing out every year, therefore, for the remaining students, there will be unemployment. The aforesaid decision cannot be said to be arbitrary as observed and held by the High Court. The need of the new colleges looking to the requirement can be said to be a relevant consideration and a decision not to recommend further recognition to the new B.Ed. colleges on the need basis cannot be said to be arbitrary", the bench observed while allowing the appeal.

Case details

State of Uttarakhand vs Nalanda College of Education | 2022 LiveLaw (SC) 943 | CA 8013 OF 2022 | 11 Nov 2022 | Justices MR Shah and MM Sundresh

For Appellant(s) Mr. Jatinder Kumar Bhatia, AOR Mr. Krishnam Mishra, Adv. Mr. Param Kumar Mishra, Adv.

For Respondent(s) Ms. Manisha T. Karia, AOR Ms. Nidhi Nagpal, Adv. Ms. Tanvi Nigani, Adv. Mr. Adarsh Kumar, Adv. Mr. A. Kesar, Adv.

Headnotes

National Council for Teachers Education Regulations, 2014 ; Rule 7(5) - Recognition of B.Ed Colleges - State is well within its right to make suitable recommendations - When the State Government is required to provide detailed reasons against grant of recognition with necessary statistics, it includes the need and/or requirement. Therefore, the State Government was well within its right to recommend and/or opine that the State Government is not in favour of granting further recognition to the new B.Ed. colleges as against the need of annually 2500 teachers approximately 13000 students would be passing out every year, therefore, for the remaining students, there will be unemployment - The need of the new colleges looking to the requirement can be said to be a relevant consideration and a decision not to recommend further recognition to the new B.Ed. colleges on the need basis cannot be said to be arbitrary. (Para 8)

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