ADARSH SHIKSHA MAHAVIDYALAYA AND OTHERS v. SUBHASH RAHANGDALE AND OTHERS

The Judgment of the Court was delivered by D GS. SINGHVI, J. 1. Leave granted.

2Copy pinpoint2. The importance of teachers and their training has been highlighted time and again by eminent educationists· and E leaders of society. The Courts have also laid considerable emphasis on the dire need of having qualified teachers in schools and colleges.

2.1 In Ahmedabad St. Xavier's College Society v. State of Gujarat (1974) 1 SCC 717, A.N. Ray, C.J., observed: F "Educational institutions are temples of learning. The virtues of human intelligence are mastered and . harmonised by education. Where there is complete harmony between the teacher and the taught, where the teacher imparts and the student receives, where there is G ·complete dedication of the teacher and the taught in learning, where there is discipline between the teacher and the taught, where both are worshippers of learning, no discord or challenge will arise. An educational institution runs smoothly when the teacher and the taught are H engaged in the common ideal of pursuit of knowledge. It

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RAHANGDALE [G.S. SING_HVI, J.] is, therefore, manifest that the appointment of teachers is an important part in educational institutions. The qualifications and the character of the teachers are really important. The minority institutions have the right to administer institutions. This right implies the obligation and puty of the minority institutions to render the very best to the students. In the right of administration, checks and balances in the shape of regulatory measures are required to ensure the appointment of good teachers and their conditions of service. The right to administer is to be tempered with regulatory measures to facilitate smooth c administration. The best administration will reveal no trace or colour of minority. A minority institution should shine in exemplary eclectism in the administration of the institution. The best compliment that can be paid to a minority institution is that it does not rest on or proclaim its minority 0 character.

Regulations which will serve the interests of the students, regulations which will serve the interests of the teachers are of paramount importance in good administration. Regulations in the interest of efficiency of teachers, discipline and fairness in administration are necessary for preserving harmony among affiliated institutions.

Education should be a great cohesive force in developing integrity of the nation. Education develops the ethos of the nation. Regulations are, therefore, necessary to see that there are no divisive er disintegrating forces in administration."

2.2 In Andhra Kesari Education Society v. Director of School Education (1989) 1 SCC 392, this Court observed: G

"Though teaching is the last choice in the job market, the role of teachers is central to all processes of formal education.The teae<her alone could bring out the skills and intellectual capabilities of students. He is the 'engine' of the H

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A educational system. He is a principal instrument in awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would inspire and motivate into action the B benefiter. He must keep himself abreast of ever-changing conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds. His involvement in national c integration is more important, indeed indispensable. It is, therefore, needless to state that teachers should be subjected to rigorous training with rigid scrutiny of efficiency. It has greater relevance to the needs of the day. The ill-trained or sub-standard teachers would be detrimental to our educational system; if not a punishment D on our children. The government and the University must, therefore, take care to see that inadequacy in the training of teachers is not compounded by any extraneous consideration." E 2:3 In State of Maharashtra v. Vikas Sahebrao Roundale (1992) 4 SCC 435, the Court said:

"The teacher plays pivotal role in moulding the career, character and moral fibres and aptitude for educational excellence in impressive young children. Formal education needs proper equipping of the teachers to meet the challenges of the day to impart lessons with latest techniques to the students on secular, scientific and rational outlook. A well-equipped teacher could bring the needed skills and intellectual capabilities to the students in their pursuits. The teacher is adorned as Gurudevobhava, next after parents, as he is a principal instrument to awakening the child to the cultural ethos, intellectual excellence and discipline. The teachers, therefore, must keep abreast of ever-changing techniques, the needs of the society and to H

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RAHANGDALE [G.S. SINGHVI, J.] cope up with the psychological approach to the aptitudes A of the children to perform that pivotal role. In short teachers need to be endowed and energised with needed potential to serve the needs of the society. The qualitative training in the training colleges or schools would inspire and motivate them into action to the benefit of the students. For B equipping such trainee students in a school or a college, all facilities and equipments are absolutely necessary and institutions bereft thereof have no place to exist nor entitled to recognition. In that behalf compliance of the statutory requirements is insisted upon. Slackening the standard C and judicial fiat to control the mode of education and examining system are detrimental to the efficient management of the education."

2.4 In St. Johns' Teachers Training Institute (for Women}, Madurai v. State of Tamil Nadu (1993) 3 SCC 595, the Court D observed:

"The teacher-education programme has to be redesigned to bring in a system of education which can prepare the student-teacher to shoulder the responsibility of imparting education with a living dynamism: Education being closely interrelated to life the well trained teacher can instil an aesthetic excellence in the life of his pupil. The traditional, stereotyped, lifeless and dull pattern of "chalk, talk and teach" method has to be replaced by a more vibrant system with improved methods of teaching, to achieve qualitative excellence in teacher-education."

2.5 In N.M. Nageshwaramma v. State of Andhra Pradesh 1986 (Supp.) SCC 166, the Court observed: - 'The Teachers Training Institutes are meant to teach G

children of impressionable age and we cannot let loose on the innocent and unwary children, teachers who have not received proper and adequate training. True they will be required to pass the examination but that may not be H

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A enough. Training for a certain minimum period in a properly organised and equipped Training Institute is probably essential before a teacher may be duly launched." •

3Copy pinpoint3. We have prefaced disposal of these appeals, which are directed against interlocutory order dated 17 .12.2008 and final order dated 13.03.2009 passed by the Division Bench of the Madhya Pradesh High Court in Writ Petition No. 6146 of 2008 and connected matters by highlighting the need for well- equipped and trained teachers because in the last three decade.s private institutions engaged in conducting teacher training courses I programmes have indulged in brazen and bizarre exploitation of the aspirants for admission to teacher training courses and ranked commercialisation and the regulatory bodies constituted under the laws enacted by Parliament and State Legislatures have failed to stem the rot. · D The cases filed by these institutions, many of whom have not been granted recognition due to non-fulfilment of the conditions specified in the National Council for Teacher Education Act, 1993 (for short, 'the 1993 Act') and the Regulations framed thereunder and by the students who have taken admission in such institutions with the hope that at the end of the day they will be able to get favourable order by invoking sympathy of the Court, have choked the dockets of various High Courts and even this Court. The enormity of litigation in this field gives an impression that implementation of the provisions contained in the 1993 Act and the Regulations framed thereunder has been acutely deficient and the objects sought to be achieved by enacting the special legislation, namely, planned and coordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system have not been fulfilled so far.

4Copy pinpoint4. Before adverting to the appellants' grievance against the orders' passed by the Madhya Pradesh High Court in Writ Petition No. 6146 of 2008 Subhash Rahangdale and connected H

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RAHANGDALE [G.S. SINGHVI, J.] cases, we consider it necessary to notice the scheme of the A 1993 Act and the Regulations framed thereunder.

THE SCHEME OF THE 1993 ACT AND THE REGULATIONS

5.1 With a view to achieve the object of planned and coordinated development for the teacher education system throughout the country and for regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith, Parliament enacted the 1993 Act. The 19·93 Act provides for the establishment of a Council to be called the National Council for Teacher Education (for short "the NCTE") with multifarious functions, powers and duties. Section 2(c) of the Act defines the term "council" to mean a council established under·sub- section (1) of Section 3. Section 2(i) defines the term D "recognised institution" to mean an institution recognised under Section 14. Section 20) defines the term "Regional Committee" to mean a committee established under Section 20. Section 3 provides for establishment of the Council which comprises of a Chairperson, a Vice-Chairperson, a Member-Secretary, E various functionaries of the Government, thirteen persons possessing experience and knowledge in the field of education or teachirig, nine members representing the States and the Union Territories administration, three members of Parliament, three members to be appointed from amongst teachers of primary and secondary education and teachers of recognised institutions. Section 12 of the Act enumerates functions of the Council. Section 14 provides for recognition of institutions offering course or training in teacher education. Section 15 lays down the procedure for obtaining permission by an existing institution for starting a new course or training. 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 Regional H

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A Committee concerned under Section 14 or permission for starting a new course or training under Section 15. The mechanism for dealing with the cases involving violation of the provisions of the Act or the Rules, Regulations, Orders made or issued thereunder or the conditions of recognition by a B recognised institution finds place in Section 17. By an amendment made in July 2006, Section 17-A was added to the Act. It lays down that no institution shall admit any student to a course or training in teacher education unless it has obtained recognition under Section 14 or permission under c Section 15. Section 31(1) empowers the Central Government to make rules for carrying out the provisions of the Act. Section 31 (2) specifies the matters in respect of which the Central Government can make rules. Under Section 32(1) the Council can make regulations for implementation of the provisions of 0 the Act subject to the rider that the regulations shall not be inconsistent with the provisions of the Act and the Rules made thereunder. Section 32(2) specifies the matters on which the Council can frame regulations. In terms of Section 33, the Rules framed under Section 31 and the Regulations framed under E Section 32 are required to be laid before Parliament. By virtue of Section 34(1), the Central Government has been clothed with the power to issue an order to remove any difficulty arising in. the implementation of the provisions of the Act.

5.2 The relevant portions of Sections 12, 14 to 16, 17, 17- F A, 18, 20, 29 and 32 of the Act which have bearing on the decision of these appeals are reproduced below:

"12. Functions of the Council.-lt shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this Act, the Council may-

(a) undertake surveys and studies relating to various aspects of teacher education and publish the result thereof;

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RAHANGDALE [G.S. SINGHVI, J.] (b) make recommendations to the Central and State A Governments, Universities, University Grants Commission and recognised institutions in the matter of preparation of suitable plans and programmes in the field of teacher education; B (c) coordinate and monitor teacher education and its development in the country;

(d) lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or in recognised institutions; C

(e) lay down norms for any specified category of courses or trainings in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course o contents and mode of curriculum;

(f) lay down guidelines for compliance by recognised institutions, for starting new courses or training, and for ·providing physical and instructional facilities, staffing pattern and staff qualifications; E

0) examine and review periodically the implementation of the norms, guidelines and standards laid down by the F Council, and to suitably advise the recognised institutions; (k)-(m) * * * (n) perform such other functions as may be entrusted to it by the Central Government. G

14. Recognition of institutions offering course or training in teacher education.-(1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of H

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A recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:

Provided that an institution offering a course or training in B teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee. c (2) The fee to be paid along with the application under sub- section (1) shall be such as may be prescribed.

(3) On receipt of an application by the Regional Committee from any institution under sub-section (1 ), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall-

(a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a cour~e or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or F (b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing: G Provided that before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation.

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RAHANGDALE [G.S. SINGHVI, J.] (5) Every institution, in respect of which recognition has A been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3). B (6) Every examining body shall, on receipt of the order under sub-section (4)-

(a) grant affiliation to the institution, where recognition has been granted; or c (b) cancel the affiliation of the institution, where recognition has been refused.

15. Permission for a new course or training by recognised institution. - (1) Where any recognised 0 institution intends to start any new course or training in teacher education, it may make an application to seek permission therefor to the Regional Committee concerned in such form and in such manner as may be determined by regulations. E (2) The fees to be paid along with the application under sub-section (1) shall be such as may be prescribed.

(3) On receipt of an application from an institution under sub-section (1 ), and after obtaining from the recognised institution such other particulars as may be considered necessary, the Regional Committee shall-

(a) if it is satisfied that such recognised institution has adequate financial resources, accommodation, library, qualified staff, laboratory, ;md that it fulfils such other conditions required for proper conduct of the new course or training in teacher education, as may be determined by regulations, pass an order granting permission, subject to such conditions as may be determined by regulation; or H

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A (b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing permission to such institution, for reasons to be recorded in writing:

B Provided that before passing an order refusing permission under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the institution concerned for making a written representation.

16. Affiliating body to grant affiliation after recognition or permission by the Council.-Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day- D (a) grant affiliation, whether provisioriaf or otherwise, to any institution; or

(b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution, E 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.

*** F 17 - Contravention of provisions of the Act and consequences thereof

(1) Where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of, this Act, or the rules, regulations, orders made or issued thereunder, or any condition subject to which recognition under sub-section (3) of section 14 or permission under sub-section (3) of section 15 was granted, it may withdraw recognition of such recognised

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RAHANGDALE [G.S. SINGHVI, J.] institution, for reasons to be recorded in writing; A

Provided that no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution: B

Provided further that the order withdrawing or refusing recognition passed by the Regional Committee shall come into force only with effect from the end of the academic session next following the date o(communication of such o~er. C

(2) A copy of every order passed by the Regional Committee under sub-section (1),-

(a) shall be communicated to the recognised institution 0 concerned and a copy thereof shall also be forwarded simultaneously to the University or the examining body to which such institution was affiliated for cancelling affiliation; and

(b) shall be published in the Official Gazette for general information.

(3) Once the recognition of a recognised institution is withdrawn under sub-section (1 ), such institution shall discontinue the course or training in teacher education, and the concerned University or the examining body shall cancel affiliation of the institution in accordance with the order passed under sub-section (1), with effect from the end of the academic session next following the date of communication of the said order. G (4) If an institution offers any course or training in teacher education after the coming into force of the order withdrawing recognition under sub-section (1 ), or where an institution offering a course or training in teacher education immediately before the appointed day fails or neglects to H

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A obtain recognition or permission under this Act, the qualification in teacher education obtained pursuant to such course or training or after undertaking a course or training in such institution, shall not be treated as a valid qualification for purposes of employment under the Central B Government, any State Government or University, or in any school, college or other educational body aided by the Central Government or any State Government.

17-A. No admission without recognition.-No institution shall admit any student to a course or training in teacher c education, unless the institution concerned has obtained recognition under Section 14 or permission under Section 15, as the case may be.

18 - Appeals D (1) Any person aggrieved by an order made under section 14 or section 15 or section 17 of the Act may prefer an appeal to the Council within such period as may be prescribed. E (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefore:

Provided that an appeal may be admitted after the expiry of the period prescribed therefor, if the appellant satisfied the Council that he had sufficient cause for not preferring the appeal within the prescribed period.

(3) Every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed.

(4) The procedure for disposing of an appeal shall be such as may be prescribed:

H Provided that before disallowing an appeal, the appellant .

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RAHANGDALE [G.S. SINGHVI, J.] shall be given a reasonable opportunity to represent its A case .

.(5) The Council may confirm or reverse the order appealed against.

20 - Regional Committees B

(1) The Council shall, by notification in the Official Gazette, establish the following Regional Committees, namely:--

(i) the Eastern Regional Committee; c (ii) the Western Regional Committee;

(iii) the Northern Regional Committee; and

(iv) the Southern Regional Committee. D (2) The Council may, if it considers necessary, establish with the approval of the Central Government, such other Regional Committees as it may deem fit.

(6) The Regional Committee shall in addition to its functions under Sections 14, 15 and 17, perform such other functions, as may be assigned to it by the Council or as may be determined by regulations.

(7) The functions of, the procedure to be followed by, the territorial jurisdiction of and the manner of filling casual vacancies among members of, a Regional Committee shall be such as may be determined by regulations.

29 - Directions by the Central Government H

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A (1) The Council shall, in the discharge of its functions and duties under this Act be bound by such directions on questions of policy as the Central Government may give . in writing to it from time to time.

8 (2) The decision of the Central Government as to whether a question is one of policy or not shall be final.

32 - Power to make regulations

(1) The Council may, by notification in the Official Gazette, c make regulations not inconsistent with the provisions of this Act and the rules made thereunder, generally to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all D or any of the following matters, namely:- · ·

(a) the time and the place of the meetings of the Council and the procedure for conducting business thereat under sub-section (1) of section 7; E (b) the manner in which and the purposes for which persons may be co-opted by the Council under sub-section (1) of section 9;

(c) the appointment and terms and conditions of service F of officers and other employees of the Council under sub- sections (1) and (2) respectively of section 19;

(d) the norms, guidelines and standards in respect of-

G (i) the minimum qualifications for a person to be employed as a teacher under clause (d) of section 12;

(ii) the specified category of courses or training in teacher education under clause(e) of section 12;

H (iii) starting of new courses or training in recognised

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RAHANGDALE [G.S. SINGHVI, J.]

institutions under clause (f) of section 12; A

(iv) standards in respect of examinations leadif'!g to teacher education qualifications referred to in· clause (g) of section 12;

(v) the tuition fees and other fees chargeable by institutions · 8 under clause (h) of section 12;

(vi) the schemes for various levels of teachers education, and identification of institutions for offering teacher development programmes under clause (I) of section 12; C

(e) the form and the manner in which an application for recognition is to be submitted under sub-section (1) of section 14;

(f) conditions required for the proper functioning of the D institution and conditions for granting recognition under clause (a) of sub-section (3) of section 14;

(g) the form and the manner in which an application for permission is to be made under sub-section (1) of section E 15;

(h) conditions required for the proper conduct of a new course or training and conditions for granting permission under clause (a) of sub,section (3) of section 15; F (i) the functions which may be assigned by the Council to the Executive Committee under sub-section (1) of section 19;

Q) the procedure and the quorum necessary for transaction of business at the meetings of the Executive Committee under sub-section (5) of section 19;

(k) the manner in which and the purposes for which the Executive Committee may co-opt persons under sub- section (6) of section 19; H

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A (I) the number of persons under clause (c) of sub-section (3) of section 20;

· (m) the term of office and allowances payable to members under sub-section (5) of section 20; B (n) additional functions to be performed by the Regional Committee .under sub-section (6) of section 20;

(o) the functions of the procedure to be followed by the territorial jurisdiction of, and the manner, of filling casual c vacancies among members of a Regional Committee under sub-section (7) of section 20;

(p) any other matter in respect of which provision is to be, or may be, made by regulations."

6Copy pinpoint6. In exercise of the power vested in it under Section 32, the National Council for Teacher Education (for short, 'the NCTE') has, from time to time, framed the regulations. Initially, the NCTE framed "the National Council for Teacher Education (Application for Recognition, the Manner for Submission, E Determination of Conditions for Recognition of Institutions and Permissions to Start New Course or Training) Regulations, 1995". In 2002, the NCTE framed "the National Council for Teacher Education (Form of Application for Recognition, the Time~Limit of Submission of Application, Determination of F Norms and Standards for Recognition of Teacher Education Programmes and Permission to Start New Course or Training) Regulations, 2002". Between 2003 and 2005, 6 amendments were made in the 2002 Regulations, which were finally repealed with the enactment of "the National Council for G Teacher Education (Recognition Norms and Procedure) Regulations, 2005 (for short, 'the 2005 Regulations'). The relevant provisions of the 2005 Regulations are reproduced below:

''3. Applicability: These regulations shall be applicable to all matters relating to teacher education programmes

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RAHANGDALE [G.S. SINGHVI, J.]

covering norms and standards and procedures for A recognition of institutions, commencement of new programmes and addition to sanctioned intake in existing programmes and other matters incidental thereto.

5. Manner of making application B (1) An institution eligible under Regulation 4, desirous of running a teacher education programme may apply to the concerned Regional Committee of NCTE in the prescribed form in triplicate along with processing fee and requisite documents, for recognition. c (2) The form can be downloaded from the Council's website www.ncte-in.org, free of cost. The said form can also be obtained from the office of the Regional Committee concerned by payment of Rs. 1,000 by way of 0 a demand draft of a Nationalised Bank drawn in favour of the Member Secretary, NCTE payable at the city where the office of the Regional Committee is located.

(3) An application can be submitted conventionally or electronically on-line. In the· latter case, the requisite E documents in triplicate along with the processing fee shall be submitted separately to the office of the Regional Committee concerned. Those who apply on-line shall have the benefit of not to pay for the form. F

7Copy pinpoint7. Processing of applications

(1) Applications which are complete in all respects shall be processed by the office of the Regional Committee concerned within 30 days of receipt of the such applications. G

(2) The applications shall be processed as under: -

(i) The particulars of the institutions shall be hosted on the official website of the Regional Committee concerned' of H

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·A the National Council for Teacher Education.

(ii) This will serve as an electronic communication to the applicant and also · the State Government/UT Administration concerned for necessary follow up action on their part. B (iii) A written communication in addition shall also follow to the applicant.

(iv) A written communication alongwith a copy of the c application form submitted by the institution(s) of the concerned State/U.T. shall be sent to the State Government/U.T. Administration concerned.

(3) On receipt of the communication, the State Government/UT Administration concerned shall furnish its · D recommendations on the applications to the office of the Regional Committee concerned of the National Council for Teacher Education within 60 days from receipt. If the recommendation is negative, the State Government/UT Administration shall .provide detailed reasons/grounds E thereof, which could. be taken into consideration, by the Regional Committee concerned while deciding the application. If no communication is received from the State • Government/UT Administration within the stipulated 60 days, it shall be presumed that the State Government/UT F . Administration concerned has no recommendation to make.

(4) Though normally the applicant institutions will ensure submission of applications complete in all respects, in G order to cover the inadvertent omission of deficiencies in documents, the office of the Regional Committee shall point out the deficiencies within 30 days of receipt of the applications, which the applicants shal! remove within 90 days. The date of receipt of the application after completion of deficiencies shall be treated as the date of H

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RAHANGDALE [G.S. SINGHVI, J.] receipt of the application complete in all respects within the meaning of Regulation 7(1).

(5) Ordinarily, the inspection of infrastructure, equipment, instructional facilities, etc., of an institution shall be conducted within 30 days of completion of processing of its application by the office of the Regional Committee with a view to assessing the level of preparedness of the institution to commence the course. Such inspection shall be in the chronological order of the date of receipt of the completed application in the office of the Regional Committee concerned. Among the applications received on the same day, alphabetical order shall be followed.

(6) All the applicant institutions are expected to launch their own website simultaneously with the submission of their applications covering, inter alia, the details of the institutions, its location, name of the course applied for with intake, availability of physical infrastructure (land, building, office, classrooms, and other facilities/amenities), instructional facilities (laboratories, library, etc.) and the particulars of their proposed teaching and non-teaching staff, etc. with photographs for information of all concerned.

(7) At the time of visit of the team of experts to an institution, the institution concerned shall arrange for the inspection to be videographed in. a manner that all important facilities are videographed along with interaction with the management and the staff (if available). The visiting teams shall finalize and courier their reports alongwith the video tapes on the same day.

(8) The application and the report alongwith the video tapes of the Visiting Team shall be placed before the Regional Committee concerned for consideration of grant of recognition or permission to an institution in its next meeting. H

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A (9) The Regional Committee shall decide grant of recognition or permission to an institution only after satisfying itself that the institution fulfills all the conditions prescribed by the NCTE under the NCTE Act, Rules or Regulations, including, inter alia, the norms and standards B laid down for the relevant teacher education programme/ course.

(10) In the matter of grant of recognition, the Regional Committees shall strictly act within the ambit of the National Council for Teacher Education, Act, 1993, the National c Council for Teacher Education Rules, 1997 as amended from time to time and the regulations including the norms and standards for various teacher education programmes and shall not make any relaxation thereto. The Regional Directors shall be responsible for ensuring that the decisions of the Regional Committees are not in contravention of the NCTE Act, NCTE Rules and regulations including the norms and standards.

( 11) The institution concerned shall be informed of the decision for grant of recognition or permission subject to appointment of qualified faculty members before the commencement of the academic session.

(12) The institution, concerned, after appointing the requisite faculty/staff, shall put the information on its official website and also formally inform the Regional Committee concerned. The Regional Committee concerned shall then issue a formal unconditional recognition order.

8Copy pinpoint8. Conditions for grant of recognition:

(1) An institution must fulfill a!I the prescribed conditions related to norms and standards as prescribed by the NCTE for conducting the course or training in teacher H education. These norms, inter alia, cover conditions

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RAHANGDALE [G.S. SINGHVI, J.] relating to financial resources, accommodation, library, laboratory, other physical infrastructure, qualified staff including teaching and non-teaching personnel, etc.

(2) In the first instance, an institution shall be considered for grant of recognition for the basic unit as prescribed in the norms & standards for the particular teacher education programme.

(3) An institution shall be permitted to apply for enhancement of intake in a teacher education course already approved after completion of three academic sessions of running the course.

(4) An institution shall be permitted to apply for enhancement of intake in Secondary Teacher Education Programme - B.Ed. & B.P.Ed. Programme, if it· has 0 accredited itself with the National Assessment and Accreditation Council (NMC) with a grade of B+ on a nine point scale developed by NAAC.

(5) No institution shall be granted recognition under these regulations unless it is in possession of required land on E the date of application. The land free from all encumbrances could be either on ownership basis or on lease for a period of not less than 30 years. In cases where under relevant State/UT laws the maximum permissible lease period is less than 30 years, the State Government/UT F Administration law shall prevail.

(10) An institution shall make admission only after it obtains unconditional letter of recognition from the Regional G Committee concerned, and affiliation from the examining body.

(11) Whenever there are changes in the norms and standards for the course or training in teacher education, H

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A the institution shall comply with the requirements laid down in the revised norms and standards immediately but not later than the date of commencement of the next academic session, subject to conditions prescribed in the revised norms. 8 (12)-(14) * * *"

7. Appendix-1 of the Norms and Standards for Secondary Teacher Education Programme leading to Bachelor of Education (B.Ed.) Degree, which was notified with the .2002 C Regulations and was retained in the 2005 Regulations wa. amended vide notification dated 12. 7.2006, paragraphs 1.0, 2. , 3.0, 3.1, 3.2 and 3.3 of which are extracted below: "1 0 Preamble Teacher preparation course for secondary edu ation, generally known as 8.Ed., is a professional course that D repares teachers for upper primary/middle level (classes VI VIII), secondary (classes IX-X) and senior secondary (classes XI-XII) levels.

2.0 Duration and working days E 2.1 Duration

B.Ed. programme shall be of a duration of at least one academic year.

2.2 Working Days F There shall be at least 200 working days exclusive of period of examination and admission etc., out of which at least 40 days shall be for practice-teaching in about ten schools at upper primary I secondary I senior secondary G level. A working day shall be of a minimum of 6 hours in a six-day week, during which physical presence in the institution of teachers and student-teachers is necessary to ensure their availability for individual advice, guidance, dialogues and consultation as and when needed . .H

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RAHANGDALE [G.S. SINGHVI, J.]

3.0 Intake, Eligibility and Admission Procedure A

3.1 Intake

There shall be a unit of 100 students divided into two sections of 50 each for general sessions and not more than 25 students per teacher for a school subject for methods 8 courses and other practical activities of the programme to facilitate participatory teaching and learning.

3.2 Eligibility c 3.2.1 Candidates with at least 50% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to the programme.

3.2.2 There shall be relaxation of marks/reservation of D seats for candidates belonging to SC/ST/OBC communities and other categories as per the Rules of the Central/State Government/UT Administration concerned.

3.3 Admission Procedure E Admission shall be made on merit on the basis of marks obtained in the qualifying examination and/or in the entrance examination or any other selection process as per the policy of the State Government/U.T. Administration and the University." F

8. The 2005 Regulations were repealed by the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2007, the relevant provisions of which read as under: G "4. Eligibility.-The following categories of institutions are eligible for consideration of their applications under these Regulations:

(1) Institutions established by or under the authority of the H

42 SUPREME COURT REPORTS [2012] 2 S.C.R.

A Central/State Government/UT administration;

(2) Institutions financed by the Central/State Government/ UT administration;

(3) All universities, including institutions deemed to be 8 universities, so recognised under the UGC Act, 1956.

(4) Self-financed educational institutions establi~hed and operated by 'not for profit', Societies and Trusts registered under the appropriate law. c 5. Manner of making application and time-limit.-(1) An institution eligible under Regulation 4, desirous of running a teacher education programme may apply to the concerned Regional Committee of NCTE for recognition in the prescribed form in triplicate along with processing D ·fee and requisite documents.

(2) The form can be downloaded from the Council's website www.ncte-in.org, free of cost. The said form can also be obtained from the office of the Regional E Committee concerned by payment of Rs. 1000 (Rupees one thousand only) by way of a demand draft of a nationalised bank drawn in favour of the Member- Secretary, NCTE payable at the city where the office of the Regional Committee is located. F (3) An application can be submitted conventionally or electronically online. In the latter case, the requisite documents in triplicate along with the processing fee shall be submitted separately to the office of the Regional Committee concerned. Those who apply online shall have the benefit of not to pay for the form.

{4) The cut-off date for submission of application to the Regional Committee concerned shall be 31st October of the preceding year to the academic session for which recognition has been sought.

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RAHANGDALE [G.S. SINGHVI, J.]

(5) All complete applications received on or before 31st A October of the year shall be processed for the next academic session and final decision, either recognition granted or refused, shall be communicated by 15th May of the succeeding year. B ***

7. Processing of applications.-(1) The applicant institutions shall ensure submission of applications complete in all respects. However, in order to cover the inadvertent omissions or deficiencies in documents, the office of the C Regional Committee shall point out the deficiencies within 30 days of receipt of the applications, which the applicants shall remove within 90 days. No application shall be processed if the processing fees of Rs. 40,000 is not submitted and such applications would be returned to the applicant institutions.

(2) Simultaneously, on receipt of application, a written communication along with a copy of the application form submitted by the institution(s) shall be sent by the office of the Regional Committees to the State Government/UT administration concerned.

(3) On receipt of the communication, the State Government/UT administration concerned shall furnish its recommendations on the applications to the office of the F Regional Committee concerned of the National Council for. Teacher Education within 60 days from receipt. If the recommendation is negative, the State Government/UT administration shall provide detailed reasons/grounds thereof with necessary statistics, which shall be taken into G consideration by the Regional Committee concerned while deciding the application. If no communication is received from the State Government/UT administration within the stipulated 60 days, it shall be presumed that the State Government/UT administration concerned has no H

44 SUPREME COURT REPORTS [2012] 2 S.C.R.

A recommendation to make.

(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 B of experts called Visiting Team (VT) with a view to assessing the level of preparedness of the institution to commence the course. Inspection would be subject to the consent of the institution and submission of the self- attested copy of the completion certificate of the building. c Such inspection, as far as administratively and logistically possible, shall be in the chronological order of the date of receipt of the consent of the institution. In case the consent from more than one institution is received on the same day, alphabetical order may be followed. The inspection shall D be conducted within 30 days of receipt of the consent of the institution.

(9) The institution concerned shall be informed, through a E letter, of the decision for grant of recognition or permission subject to appointment of qualified faculty members before the commencement of the academic session. The letter issued under this clause shal.1 not be notified in the Gazette. The faculty shall be appointed on the F recommendations of the Selection Committee duly constituted as per the policy of the State Government/ Central Government/University/UGC or the affiliating body concerned, as the case may be. The applicant institution shall submit an affidavit in the prescribed form that the G Selection Committee has been constituted as stated above. A separate staff list with the details would be submitted in the prescribed form. The Regional Committee would rely on the above affidavit and the staff list before processing the case for grant of formal H r&cognition.

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RAHANGDALE [G.S. SINGHVI, J.]

(10) All the applicant institutions shall launch their own A website soon after the receipt of the letter from the ·Regional Committee under Regulation 7(9) covering, inter alia, the details of the institution, its location, name of the course applied for with intake, availability of physical infrastructure (land, building, office, classrooms, and other 8 facilities/amenities), instructional facilities (laboratory, library, etc.) and the particulars of their proposed teaching and non-teaching staff, etc. with photographs, for information of all concerned.

(11) The institution conc~rned, after appointing the c 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 along with the requisite affidavit and staff list. The Regional Committee concerned shall then issue a formal recognition D order that shall be notified as per provision of the NCTE Act.

8. Conditions for grant of recognition.-(1) An institution must fulfil all the prescribed conditions related to norms and standards as prescribed by NCTE for conducting the course ortraining in teacher education. These norms, inter alia, cover conditions relating to financial resources, accommodation, library, laboratory, other physical infrastructure, qualified staff including teaching and non- teaching personnel, etc.

(2) In the first instance, an institution shall be considered for grant of recognition for only one course for the basic unit as prescribed in the norms and standards for the · particular teacher education programme. An institution can apply for one basic unit of an additional course from the subsequent academic session. However, application for not more than one additional course can be made in a H

46 SUPREME COURT REPORTS (2012] 2 S.C.R.

A year.

(3) An institution shall be permitted to apply for enhancement of course wise intake in teacher education courses already approved, after completion of three academic sessions of running the respective courses. B (4) An institution shall be permitted to apply for enhancement of intake in Secondary Teacher Education Programme - BEd & BPEd programme, if it has accredited itself with the National Assessment and c Accreditation Council (NAAC) with a Letter Grade B developed by NAAC.

(5) An institution that has been granted additional intake in BEd and BPEd teacher training courses after promulgation of the 2005 Regulations i.e. 13-1-2006 shall have to be accredited itself with the National Assessment and Accreditation Council (NAAC) with a Letter Grade B under the new grading system developed by NAAC before 1-4-2010 failing which the additional intake granted shall stand withdrawn w.e.f. the academic session 2010-2011.

(7) No institution shall be granted recognition under these regulations unless it is in possession of required land on the date of application. The land free from all encumbrances could be either on ownership basis or on lease from Government/government institutions for a period of not less than 30 years. In cases where under relevant State/UT laws the maximum permissible lease period is less than 30 G years, the State Government/UT administration law shall prevail. However, no building could be taken on lease for running any teacher training course.

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RAHANGDALE [G.S. SINGHVI, J.] (10) At the time of inspection, the building bf 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. The applicant institution shall produce the original completion certificate, approved building plan in proof of the completion of building and built-up area and other documents to the visiting team for verification. No temporary structure/asbestos roofing shall be allowed.

(11) *** c (12) An institution shall make admission only after it obtains order of recognition from the Regional Committee concerned under Regulation 7(11), and affiliation from the examining body. D

The details of the petitions filed in 2007 and 2008 and the orders passed by the High Court E 9.1 One of the four Committees constituted by the Council under Section 20(1) of the 1993 Act is the Western Regional Committee, which is required to perform functions under· Sections 14, 15 and 17 in relation to the States of Gujarat, Goa, Madhya Pradesh and Maharashtra. In the last about 15 years, the Western Regional Committee entertained thousands of applications made by private institutions for starting teacher training courses albeit without ensuring compliance of the mandatory provisions contained in the 1993 Act and the relevant regulations. Some of these institutions were started in commercial premises like marriage halls and shops, and in the existing school premises without the required infrastructure and staff. They admitted students from different parts of the country, majority of whom did not even know the place from where the institutions were operating. This must have become possible H

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A because of the active or tacit connivance of those who were entrusted with the task of ensuring effective implementation of the provisions of the 1993 Act. When the Central Government was apprised of the irregularities committed by the Western Regional Committee in the matter of grant of recognition to the B so-called teacher training institutions, it was decided to take necessary corrective measures. Therefore, the Central Government invoked the power vested in it under Section 29(1) of the 1993 Act and directed that henceforth no recognition be granted to any teacher training institution/courses/additional c intake by the Western Regional Committee. The decision of the Central Government was communicated to the Chairperson of NCTE vide letter dated 20.8.2007, the relevant portions of which are extracted below:

"New Delhi D 20th August, 2007

Government of India,

Ministry of Human Resources Development E Department of School Education & Literacy

The Chairperson,

National Council for Teacher Education, F I, Bahadur Shah Zafar Marg, New Delhi 110002

Subject: Directions under Section 29 of the NCTE Act, 1993 to withhold the grant of recognition in institutions Courses /Additional intake falling under Jurisdiction of G Western Regional Committee of National Council for Teacher Education (NCTE). Sir,

H It has come to notice of the department of school education

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RAHANGDALE [G.S. SINGHVI, J.]

& Literacy that there has been uneven and A disproportionate growth in the number of recognitions granted to various courses and institutions in the states falling under the Western Regional Committee of NCTE and that while granting recognition, the actual demand of teachers in particular states has been totally ignored. B

2. In these circumstances, it is felt appropriate to undertake a comprehensive review of the situation for taking necessary corrective measures. Therefore, as directed by the competent authority, NCTE is hereby C directed .under section 29 of the NCTE Act, 1993 that recognition may henceforth not be granted to any teacher training institutions/courses/ Additional intake falling within the Jurisdiction of the Western Regional of NCTE till a comprehensive review is made or till further orders, whichever is earlier. D

3. Necessary instruction to this order may accordingly be conveyed to the Western Regional Committee of NCTE. A compliance report may be sent to this Department at the earliest. E

Your sincerely (Simmi Choudhary) Deputy Secretary to Government Govt. of India" F 9.2 The NCTE sent letter dated 22.8.2007 to the Regional Director, Western Regional Committee incorporating therein the direction issued by the Central Government. That letter reads as under: G "August 22, 2007

To, Dr. OVS Sikarwar, Regional Director H

50 SUPREME COURT REPORTS (2012] 2 S.C.R.

A Western Regional Committees Manas Bhawar (Near Air) Shyamala Hills, Bhopal : 162002 Subject: Directions under Section 29 of the NCTE Act, B 1993 to withhold the grant of Recognition to institutions Courses /Additional intake falling under the Jurisdiction of Western Regional Committee of NCTE.

Sir, c I am directed to say that directions have been received from the competent authority under Section 29 of the NCTE Act, 1993 on August 21, 2007 that recognition may henceforth not be granted to any teacher training institutions Courses/Additional intake falling within the D Jurisdiction of the Western Regional Committee of NCTE till a comprehensive service to be undertaken or till further orders, whichever is earlier.

2. In view of the above, you are directed to ensure that the above directions are complied with and immediate steps are taken to ensure that no action taken for grant of recognition and also no meeting of the VVestern Regional Committee is held. The Chairperson and members of the Western Regional Committee may immediately be suitably informed in this regard. Yours Faithfully, Sd/- (V.C. Tewari) Members Secretary" G 9.3 The directions issued by the Central Government were challenged by Amrit Vidyapeeth B.Ed. College, Siddhi in Writ Petition No. 14227 of 2007 filed before the Madhya Pradesh High Court. A large number of other private collages and . institutions (198) which were desirous of starting teacher training H

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RAHANGDALE [G.S. SINGHVI, J.] courses. They pleaded that even though the applications filed A by them for recognition were complete in all respects and they had already got 'No Objection Certificates' from the State Government and affiliation from the examining bodies, the Western Regional Committee was not entertaining their applications because. of the restriction imposed by the Central B Government. All the writ petitions were dismissed by the Division Bench of the High Court vide its order dated 29.11.2007. The Division Bench adverted to the scheme of the . 1993 Act, referred to the judgments of this Court in Food Corporation of India v. Bhanu Lodh (2005) 3 SCC 618 and C State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidya/aya (2006) 9 SCC 1 and held that the Central Government has the power to issue the directions impugned in the writ petitions. The reasons assigned by the Division Bench for arriving at this conclusion are contained in paragraph D 32 of order dated 29.11.2007, which is extracted below:

"32. Regard being had to the aforesaid pronouncements of law, if we look at the language employed under section 29 of the Act we have no scintilla of doubt that the Central Government could have issued such a direction as has been issued inasmuch as sub-section (1) of Section 29 makes it crystal clear that the Council is bound by such directions on questions of policy as the Central Government may give in writing from time to time and further sub-section (2) of section 29 lays a postulate that the decisions of the Central Government as to whether the question is one of the policy or shall be final. Be it noted in the letter dated 20.8.2007 there is mention of the fact that it has come to the notice of school education and Literacy that there has beeh uneven and disproportionate growth in the number of recognition granted to various courses of the institutions in the State falling under the Western -Regional Committee of NCTE and while granting recognition the actual demand of teaches in the particular State has been totally ignored. It is also perceivable from H

52 SUPREME COURT REPORTS [2012] 2 S.C.R.

A the letter that the Department has felt is appropriate to make comprehensive review of the situation for taking necessary corrective measures. The tenor of the letter and the grounds mentioned therein and keeping in view the language employed in section 29 of the Act there can be 8 no trace of doubt that the Central Government has taken a decision which by no stretch of imagination can not be said to be a policy decision under the scheme of the Act. It is because the purpose of the Act is to provide for establishment of a National Council for Teacher Education c with a view to achieve planned and co-ordinated development of the teacher education system throughout the country. That apart, Regulation 4 deals with eligibility and Regulation 8 deals with the conditions for grant of recognition. We have already referred to Section 12 of the Act. In view of the object and reasons and the role D assigned to the Council and the por1er conferred on the Central Government we come to the irresistible conclusion that the direction issued by the Central Government is within the ambit and sweep of its powers and not de hors the statutory exercise of power." E The plea that the students who had taken admission should be permitted to appear in the examination was rejected by the Division Bench by making the following observations:

"36. Presently to the legitimate expectation and interest, . it is submitted by the learned counsel for the petitioners that the institutions have given admission and if eventually the institutions are granted recognition the students should be permitted to appear in the examination. Learned Single Judge of this Court while passing the interim order had clearly stated that institutions may admit students provisionally at their own risk without accepting fees from them and if they accept fees from the students they would pe ready to face the consequences if the petition is decided against them in view of the aforesaid order no equity can ever flow in favour of the institutions. We would

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RAHANGDALE [G.S. SINGHVI, J.]

like to place it on record that an institution which is desirous of imparting B.Ed. and M.Ed. education or introducing a course meant for teachers is under obligation to be aware of the provisions contained under the 1993 Act. The said Act has been engrafted with a sacrosanct purpose. Grant of recognition is the condition precedent before any institution proceeds in any other matter like affiliation from the examination body. Whether the affiliation has to be granted automatically or not we have already refrained from dwelling upon the said issue, but an onerous one, it is inconceivable how an institution without c recognition can nurture the idea to admit students. A day dreamer can build a castle in the air or for that matter castle in Spain, but it is absolutely inapposite on the part of aspirants registered bodies or institutions to admit students and pyramid the foundation relying on the bedrock 0 of legitimate expectation that the students would be treated as students who have been admitted in such institutions in such course which are valid in law. An educational institution has to conduct itself in an apple pie order. It has to maintain the sacredness of the concept behind imparting education. They are under obligation to keep in mind that commercialization of course under 1993 Act is impermissible. Quite apart from the above it is totally imprudent and in a way quite audacious to build a superstructure without an infrastructure. If we allow ourselves to say so, perception has been blinded and in the ultimate eventuate a cataclysm has been unwarrantedly invited. We may say without any fear of contradiction that it is a perceptible deception and fraud on law Ergo. The stance that they have to be given the benefit of legitimate expectation and their interest should be protected, is devoid of any substance and we unhesitatingly repel the same."

9.4 Another batch of 18 writ petitions with the lead case Pitambra Peeth Shiksha Prasarani Samiti v. State of M.P. H

54 SUPREME COURT REPORTS [2012] 2 S.C.R.

A and others W.P. (C) No. 15276 of 2007, filed for quashing the decision of the State Government to hold common entrance examination for admission to B.Ed. courses was disposed of by the Division Bench of the High Court vide order dated 14.12.2007. The Division Bench referred to the provisions of B the 1993 Act as well as the M.P. B.Ed. Examination Rules, 2007, order dated 29.11.2007 passed in Writ Petition No.14227 of 2007 and batch, took cognizance of the fact that some of the students had taken admissions in the unrecognized institutions and proceeded to observe: c " .... Regard being had to the peculiar facts and circumstances of the case and the nature of litigation which had cropped up and the time consumed we think it appropriate to direct the students who have taken admission in the non-recognised colleges/institutions, if so desired, can take admission in the recognised institutions/ colleges. The State Government and the University shall :not cause any impediment in the same and make an endeavour to facilitate the same by· allotting them to colleges which have recognition, if the students approach the Central Agency, the respondent No.3. The State · Government is directed to publish the notification within a period of seven days fixing a date seven days thereafter so that they can be allotted colleges.

F As far as the counseling of the candidates who have passed the entrance examination is concerned, a date should be notified within a period of seven days and counselling be done within a period of seven days thereafter and the candidates appearing in the counseling shall also be allotted recognised colleges/institutions." G The Division Bench rejected the petitioners' plea for permission to hold college level counseling and observed:

''The next facet that requires to be dealt with whether there H should be permission for grant of college level counselling.

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RAHANGDALE [G.S. SINGHVI, J.) Submission of the learned counsel for the petitioners is that A the seats should not lie vacant and college level counselling should be allowed. It is urged that the State Government has illegally introduced the centralized counselling. In this · context we may refer to clause 3.2 of NCTE Norms which reads as under: B

"3.2 Eligibility

3.2.1 Candidates with at least 50% marks either in the Bachelor's Degree and/or in the Master's Degree or any other qualification equivalent thereto, are eligible for C admission to the programme.

3.2.2 There shall be relaxation of marks/reservation of seats for candidates belonging to SC/ST/OBC · communities and other categories as per the Rules of the o Central/State Government/UT Administration concerned.

3.3 Admission Procedure Admission shall be made on merit on the basis of marks obtained in the qualifying examination and/or in the entrance examination or any other selection process as per the policy of the State Government/U.T. Administration and the University."

As is demonstrable from clause 3.2 it deals with the eligibility of a candidate and clause 3.3 deals with the admission procedure. The State Government has taken mode of common entrance examination. This is a policy decision taken by the State Government. As is manifest, the NCTE has deliberately introduced norms and left it to the discretion of the State Government and hence, holding of the entrance test cannot be found fault with. Once the said mode has been taken recourse to the college level counselling should not be allowed. Therefore, the aforesaid submission of the learned counsel for the petitioners leaves H

56 SUPREME COURT REPORTS [2012] 2 S.C.R.

A us unimpressed and we repel the same."

The conclusions recorded by the Division Bench of the High Court in the aforesaid batch of cases are extracted below:

"(a) The candidates who have taken admission in the non- B recognised institutions should be called by the Central Agency as well as the State Government by notifying a date within a period of seven days fixing a date after 7 days so that the candidates can be allotted to the recogni"~d colleges/institutions as per norms. c (b) The students who have qualified in the entrance examination but could not appear in the counsel ling should be called for counselling by a date which wou d be notified within a period of seven days and the said dat · D would be after seven days as a result of which the couns !ling would become convenient. (c) The a

lotment of seats should be made strictly on the basis of norms keeping in view the concept of proportionalit so that the grievance is put to rest. (d) The college leve counselling is not permissible as the State Government · : has taken recourse to the mode of common entrance : examination."

9.5 The State of Madhya Pradesh challenged the aforesaid order in SLP(C) No. 3269 of 2008, etc., which were disposed of by this Court on 18.2.2008 in the following terms:

,"It has been stated that for taking admission in B.Ed. course within the State of Madhya Pradesh after exhausting the State quota, 8411 seats are lying vacant. G According to the State, pursuant to the direction of the High Court in Paragraph 19 of the impugned order, 5142 seats would be required to be filled up by admitting the students but 3269 seats in B.Ed. course would be still lying vacant. The State Government is directed to take steps for H

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