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May 20, 2021 Thursday 11:58:33 AM IST

Teacher Trainers Should be Qualified

Policy Indications

In a significant judgment, the High Court of Kerala has held that an institution cannot be permitted to admit students and conduct B Ed courses with unqualified faculty members and recognition to such an institution should be withdrawn. Kannur Salafi B Ed College was conducting B Ed course on the strength of the recognition granted by the National Council for Teacher Education (NCTE) and the affiliation granted by the Kannur University. On November 3, 2020, the University informed the College that since the NCTE has withdrawn recognition granted for conducting B Ed course due to various deficiencies including unqualified faculty members.

The Court dismissed the writ petition after referring to the various provisions of the NCTE Act, 1993 and NCTE (Recognition Norms and Procedure ) Regulations, 2014. As per Section 12 of the NCTE Act, it shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education and for the determination and maintenance of standards for teacher education.

NCTE has the mandate to lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in recognised institutions. As per Section 17 (1) of the Act where the Council is satisfied that a recognised institution has contravened any of the provisions of the Act or the Rules , it may withdraw recognition of such institution with effect from the end of the academic session next following the date of communication of such order. Under sub section (3) of Section 17 of the Act once the recognition is withdrawn such institution shall discontinue the course or training in teacher education and concerned University shall cancel affiliation of the institution with effect from the end of the academic session.

The Court observed that the institution had run the B Ed course in 2019-20 with four unqualified Assistant  Professors. As per Para 5.1 of Appendix-4 of NCTE regulations 2014, full time faculty members are required to run the course. But two of the teachers were part time. However the University had approved the staff list subject to the condition that NCTE norms will be satisfied within month which was also a violation of rules.

The Court also referred to the decision of the Supreme Court in Adarsh Shikshan Mahavidyala V. Subash Rahangdale in 2012 in which it was held that once the recognition is withdrawn under sub-section (1) of Secdtion 17 of the NCTE Act, the concerned institution is required to discontinue the course or training in teacher education and the University is obliged to cancel the affiliation. 

P S Antony

P.S ANTONY ,District Judge (Retd.) & Senior Faculty Bharata  Mata School of Legal Studies , Aluva

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