Wednesday, October 29, 2008
GO on teacher training institutes upheld
The challenge to the impugned order was mainly on the usage
of ‘affiliation’
Chennai: The Madras High Court on Tuesday upheld a government
order relating to self-financing Teacher Training Institutes
(TTIs), except in relation to the single window system.
In his order dismissing a batch of writ petitions challenging
the constitutional validity of a government order of the School
Education Department of May this year, Justice K.Chandru said
the attack made to the impugned order was clearly misconceived
and devoid of merits.
The challenge to the impugned order was mainly on the usage
of the term `affiliation’ by the examining body.
Mr.Justice Chandru said the writ petitions were of a seasonal
character and were filed year after year whenever the State
government issued orders relating to self-financing TTIs, laying
down certain guidelines dealing with admission, teacher’s
qualification and examination.
In the present batch, a set of writ petitions had been filed
by TTIs, which were yet to get affiliation by the examining
body.
One petition had been filed by an association representing the
existing TTIs which already had recognition from the National
Council for Teacher Education (NCTE) and approval by the authorities
from the State Government.
The Judge said when the plain meaning of the term ‘affiliation’
was clear, it could not be given any artificial meaning.
The NCTE had specified that the recognition of the council was
subject to fulfilment of all such other requirements as may
be prescribed by the regulatory bodies, including the State
government, as applicable.
None of the guidelines in the impugned order encroached upon
the NCTE Act or the regulations framed thereunder.
The only issue relating to the Single Window System had been
given up by the Additional Advocate-General. Hence, that was
not gone into in the present case, the Judge said.
Mr.Justice Chandru said in the matter of TTIs, the NCTE and
the State authorities would have to co-exist in the interest
of academic excellence and to prevent the mushrooming growth
of fly-by-night institutes.
What was at stake was innocent students and the gullible public
and they should not be allowed to be left to the vagaries of
such institutes.
The underlying public policy behind the impugned G.O. only enhanced
the spirit of Article 14 of the Constitution, he said.
Courtesy: The Hindu