The Madras High Court has declared as void, invalid and inoperative, two guidelines along with annexure in a Tamil Nadu Government order of May 2008 for granting affiliation to teacher training institutes (TTIs.)
In its judgment on an appeal against a single judge's order negating the challenge made to May 3, 2008 G.O., a Division Bench, comprising Justices D. Murugesan and K.K. Sasidharan, said that on careful consideration of impugned regulations I and II (conditions for grant of affiliation to new TTIs and affiliation in respect of existing private TTIs respectively), in the light of the National Council for Teacher Education (NCTE) guidelines, it was of the view that the two regulations were beyond the State government's executive power. The court upheld four other guidelines – guidelines III to VI.
Earlier, the Self-Financing Private Teacher Training Institutes Association, represented by its president T.V.K.Babu, and individual institutions challenged the G.O. on the principal ground that the order was issued in exercise of the Tamil Nadu Government's executive power traceable to Art.162 of the Constitution.
Since the field was already occupied by the Central legislation, the government had no authority either to pass legislation or to issue an executive order.
A single judge rejected the petitioner's contentions. Hence, the present appeal by the association, through counsel R. Suresh Kumar.
The question before the court was whether the State government could refuse affiliation with reference to any of the factors considered by the NCTE while granting recognition to private self-financing TTIs.
Allowing in part the appeal, the Bench said that there was a conflict between the Central Act (NCTE Act) and the G.O. and overlapping functions of the council and the affiliating body (State government.) When the State had no power to pass legislation in view of the Central Act operating in the field, the question of issuing a G.O. invoking Article 162 did not arise.
The order granting recognition indicated that the NCTE had inspected the instructional and infrastructural facilities. After satisfying itself about such facilities, recognition was granted. Therefore, no useful purpose would be served by directing a second inspection at the State's instance.
The NCTE Act and regulations clearly recognised the State government's role as an affiliating/examining body. Since the Central Act and regulations wanted the State to function as a regulatory body in their field, necessarily, there should be a set of guidelines to streamline the procedure regarding grant of affiliation.
