LexUNION OF INDIA AND ORS. versus SHAH GOVERDHAN L. KABRA TEACHERS COLLEGE
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A B UNION OF INDIA AND ORS. v. SHAH GOVERDHAN L. KABRA TEACHERS COLLEGE OCTOBER 23, 2002 [G.B. PATTANAIK AND RUMA PAL, JJ.] National Council of Teacher Education Act, 1993-Section 17(4)- Constitutional validity-Challenge of-High Court held it unconstitutional as C Parliament cannot make law pr~cribing qualification for entry into the service under State Government-O,r5ppeal, held: the provision is a law dealing with co-ordinated development of education system within entry 66 List I of Seventh Schedule and it is not dealing with the service conditions of an employee under the State Government-Constitution of India, 1950-VII Schedule, list I, Entry 66. D Doctrines: Doctrine of "pith and substance"-Meaning and applicability of - Held, has to be applied not only in cases of conflict between powers of two legislatures but in any case where the question. arises whether a legislation is E covered by particular legislative power in exercise of which it is purported to be made- If an enactment substantially falls within the powers expressly conferred by the Col]stitution upon the legislature which enacted it, it cannot be held to be invalid, merely because it incidentally encroaches on matters assigned to another legislature. F , Interpretation of Statute: In order to examine the true character of the enactment, the entire Act, its object and scope and effect, is required to be gone into. A private educational institution conducting courses of B.Ed., filed G application for recognition of B.Ed. (Vacation Course) whkh was rejected by Northern Regiona.l Committee of National Council for teachers education. The institution filed writ petition challenging the order of the Council and the constitutional validity of National Council for Teachers Education Act, 1993. High Court allowed the petition holding that order H de-recognising the vacation course was bad in law and it also struck down 220 ,• U.O.l v.SHAH GOVERDHAN L KABRA TEACHERS COLLEGE 221 Section 17( 4) of the Act holding that though, in view of Entry 66 of List I A of Seventh Schedule of the Constitution, Parliament had legislative competence to enact the Act, but Section 17(4) is unconstitutional as Parliament cannot make law prescribing qualification for entry into the service under the State Government and such law could be made only under Proviso to Article 309; and that if the Council cannot force a State B or State funded institution to employ teachers having a particular qualification like B.Ed. or B.P.Ed., it does not have power to de-recognize any such degree for the purpose of employment. It directed the Council to issue certificate of recognition to B.Ed. (V.acation Course) since the B.Ed; course, imparted by the same institution was recognized by the Council. C In appeal to this Court, the question for consideration was whether the legislation in question could be held to be law dealing with co-ordinated development of education system within Entry 66 of List I of Seventh Schedule of the Constitution of India or it is a law dealing with service conditions of an employee under the State Government. D Allowing the appeals, the Court HELD: I.I. High Court committed gross error in construing the provisions of sub-section (4) of Section 17 of the Act to mean that it is a legislation dealing with recruitment and conditions of service of persons E in the State service within the meaning of Proviso to Article 309 of the Constitution. It committed the aforesaid error by examining the provisions of sub-section (4) on its plain terms without trying to examine the true character of the enactment which has to be done by examining the enactment as a whole, its object and scope and effect of the provisions. F Even, the High Court does not appear to have applied the doctrine of "pith and substance" and thus, committed the error in interpreting the provisions of sub-section ( 4) of Section 17 to mean to be a provi~ion dealing with conditions of service of an employee under the State Government. [229-A-CJ 1.2. If the provisions of the National Council of Teacher Education Act, 1993 are examined and more particularly Section 17(4) thereof, the statute is one squarely dealing with coordination and determination of standards in institutions for higher education within the meaning of Entry G 66 of List I of the Seventh Schedule. Both entries 65 and 66 of List I empower the Central Legislature to secure t
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