Case Law Details
Swami Vivekanand College of Education & Ors. Vs. Union of India & Ors. (Supreme Court of India) – When Regulations 2007 were enacted, the Regulations 8(3) and 8(4) of Regulations 2005 were retained. In the aforesaid circumstances by Regulation 8(5) it was clarified that if any institution has been granted additional intake in B.Ed. and B.P.Ed. teachers training courses after enactment of Regulations 2005 i.e. 13th January, 2006, such institution is required to be accredited itself with NAAC with a Letter Grade B. It is needless to say that Regulations 8(3) and 8(4) of Regulations 2005 dated 27th December, 2005 having retained, it was always open to NCTE to remind the institutions that they were required to follow Regulations 8(3) and 8(4), if were allowed additional intake after 13th January, 2006. For the reason aforesaid the Regulation 8(5) cannot be held to be retrospective. The second question is, thereby, answered in negative against the appellants.
Further, as plain reading of the Regulations 8(3), 8(4) and 8(5) makes it clear that right of exemption, if any, accrued to an institution in view of ‘Note’ below Regulation 3 of amended Regulations 2006, has not been taken away nor impaired any vested right acquired by any institution and as no new obligation on the part of any institution has been created, they being governed by Regulations 8(3) and 8(4) since 13th January, 2006, the Regulation 8(5) cannot be held to be retrospective. The Regulations 8(3), 8(4) and 8(5) having nexus with maintenance of standards of teacher education and to make qualitative improvement in the system of teacher education by phasing out substandard teaching, the validity of Regulation 8(4) and 8(5) cannot be questioned.
RE-PORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
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