National Council for Teachers Education and another, Appellants v. Chouhan Education Society and others, Respondents.

D.P.S. CHAUHAN AND DIPAK MISRA, JJ.

National Council for Teacher Education Act (73 of 1993), Sections 12, 14 - Institution for teachers education - Strength of -Fixation of - Council has the authority and jurisdiction.

The Council has the authority and jurisdiction to fix the strength of the institution imparting education to the teaches at the time of grant of recognition if authority for fixation of strength is not permitted and if the strength already fixed by the University or the State Council is held valid, the whole purpose of the Act would be frustrated as the Act was brought with the intention and object to constitute and control the educational institution meant for teachers. It cannot be denied that if the standards are not met with proper education cannot be imparted.   The norms and standards specify the details related to 'Conditions' required for recognition, permission and additional intake of seats for any course or training in teaches education. Suitable and adequate institutional building having academic wing, administrative wing, hostels, and staff quarters, contribute to qualitative teacher education programmes.

If the strength of an institution is sought to be changed, the educational institution or the institute has to rise up to the mark to the standard as provided for by the NCTE.

Constitution of India, Articie 14 -Educational institution - Imparting education to teachers -Fixation of its intake capacity - Deficiencies are  almost the same in every institution - But while other institutions were granted intake of 100 students, the petitioner has been granted intake of only 40 students - Direction to Council for making fresh assessment - Held, proper.

Constitution of india, Article 226 – Education - Institution imparting education to teachers - Educational society admitting students in excess of permitted strength - Permitted them to appear in examination though it had no authority to do so - Students also did not take care to know as to whether the institution had authority to impart education to them and whether the institution was authorized to impart education to so many students -Writ petition challenging the same - Direction by High Court to conduct and complete the examination and publish the result - not in accordance with law as holding of examination would not be a proper solution of the controversy involved.