NCTE has final say in granting recognition to BEd colleges: SC

The Supreme Court has held that the state government enjoyed limited role in the decision by National Council for Teacher Education (NCTE) in granting recognition to colleges to run BEd courses.

A bench of Justices Dipak Misra and C Nagappan, however, said the NCTE should consider the views and recommendations by the state government.  But the states’ say is not binding on it.

“Under 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 states’ 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 the final authority rests with the NCTE. It is the clear legal position,” the bench explained.

The court was dealing with the argument on whether the state government has any say in the matter of grant of recognition to organisations that applied for establishing institutions to get recognition from the NCTE under the National Council for Teacher Education Act, 1993.

“Whenever an application is received under the regulations for grant of recognition, the NCTE shall be guided by its own regulations and the judgements of this court, and the state shall remain bound by the principles. Needless to say, the NCTE shall take into consideration the recommendations and views of the state despite the fact that it has the final say,” the bench said.

The number of BEd colleges in the country has grown manifold with demands for trained teachers. The issue cropped up before the apex court after the Rajasthan government challenged a high court order, which allowed a number of institutions to admit students for the 2015-16 session, subject to the guidelines issued by the NCTE.