SWAMI VIVEKANAND COLLEGE OF EDUCATION & ORS. versus UNION OF INDIA & ORS.

Citation: [2011] 12 S.C.R. 941 · Decided: 12-10-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Dismissed
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Judgment (excerpt)

[2011] 12 S.C.R. 941 
SWAMI VIVEKANAND COLLEGE OF EDUCATION & 
ORS. 
v. 
UNION OF INDIA & ORS. 
(Civil Appeal No. 5961 of 2010) 
OCTOBER 12, 2011 
[R. V. RAVEENDRAN, A.K. PATNAIK AND SUDHANSU 
JYOTI MUKHOPADHAYA, JJ.] 
A 
8 
National Council for Teacher Education (Recognition C 
Norms and Procedure) Regulations, 2007: 
Regulations 8(4) and 8(5) - Educational Institutions 
imparting teacher training course in B.Ed - Prior to coming 
into force of Regulations of 2007, the institutions permitted by 0 
National Council for Teacher Education (Council) additional 
intake of students without seeking accreditation and Letter 
· Grade B from National Assessment and Accreditation 
Council (NAAC) -Regulations 8(4) and 8(5) of Regulations 
2007, requiring the institutions to be accredited with NAAC E 
with a Letter Grade B - Challenged - Held: In view of ss. 12(k), 
15 and 32(2)(h) of NCTE Act, the 'Council' is empowered to 
frame Regulations laying down 'cc;mditions' for proper conduct 
of a new course or training under clause (a) of sub-s. (3) of 
s.15 - Under Regulation 8(4), the 'Council' having prescribed 
a 'condition' of accreditation and Letter Grade B by NAAC for F 
recognition, it can not be held to be sub-delegation of power 
· - National Council for Teacher Education Act, 1993 - ss. 
12(k), 15, and 32(2)(h) - Administrative Law - Delegation I 
sub-delegation of power- National Council for Teacher 
Education 
(Recognition 
Norms 
and 
Procedure) G 
Regulaltions, 2009-Regulations 8(4) and 8(5). 
Regulation 8(5) - Institution granted additional intake, 
required to be accredited with NAAC with a Letter Grade B -
941 
H 
942 
SUPREME COURT REPORTS 
[2011] 12 S.C.R. 
A 
Held: "The norms and standards" were prescribed under 
Regulation 8 of Regulation 2002 and were notified by NCTE 
Regulations 2005 and retained in the NCTE Regulations, 
2005 - Thus, Regulations 8(3) and 8(4) remained in force 
even after amended Regulations 2006, but with a rider that 
B in case new norms are published for any such teacher 
training course after notification of Regulations of . 2005, the . 
conditions prescribed in Regulations 8(3) and 8(4) of the 
Regulations, 2005 shall not be applicable for such course -
Subsequently, when Regulations 2007 were enacted, the 
C Regulations 8(3) and 8(4) of Regulations 2005 were retained 
- In the circumstances, by Regulation 8(5) it was clarified that 
if any institution has been granted additional intake in B.Ed. 
and B.P.Ed. courses after enactment of Regulations 2005 i.e. 
13.1.2006, such institution is required to be accredited with 
0 
NAAC with a Letter Grade-a - Regulations 8(3) and 8(4) of 
Regulations 2005 having been 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 13. 1. 2006 - Therefore, Regulation 8(5) cannot be 
held to be retrospective -Interpretation of Statutes -
E 
Retrospective operation of Regulations. 
The Appellants-institutions recognised by the 
National Council for Teacher Education (Council) and 
imparting teacher training course (8.Ed.), were permitted 
F 
by the Council additional intake of students for the 
course without seeking accreditation and Letter Grade 8 
from National Assessment and Accreditation Council 
(NAAC). The 'Council' framed "National Council for 
Teacher Education (Recognition. Norms and Procedure) 
G 
Regulations, 2007 requiring the institutions to be 
accredited with NAAC with a Letter Grade 8. The 
institutions which had been granted additional intake 
were also required to get themselves accredited .with the 
NAAC with a Letter Grade-8 b~ 
.4. 2010. The 
H appellants challenged tbe-Regutfilions of 2007 before the 
SWAMI VIVEKANAND COLLEGE OF EDUCATION v. UNION 943 
OFINDIA 
High Court, which declined to interfere. Aggrieved, the A 
institutions filed the appeal. Meanwhile, the 'Council' 
framed the "National Council for Teacher Education 
(Recognition Norm and Procedure) Regulations, 2009 
containing identical Regulations 8(4) and 8(5) so far as 
B.Ed. course was concerned. The Court permitted the B 
appellants to challenge also the validity of Regulations 
8(4) and 8(5) of Regulations of 2009. 
It was contended for the appellants that the Council 
could not sub-delegate its functions and duties conferred C 
upon it by the NCTE Act, 1993 to an outside institution, 
namely, NAAC, in absence of express authorisation by 
the Act and, as
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