...

ST. JOHN'S TEACHER TRAININC; INSTITUTE

(FOR WOl\IEN), MADURAI ETC. ETC.

ST ATE OF TAl\llL NADll AND ORS. ETC. ETC .

.JUNE 15, 1993

fKULDIP SINGH AND N.P. SINGH • .J.J.J

Ed11ca1 iona/ Im ti1111ions.

Tamil Na du Minority Schools ( Rl!Cognition and Pannell/ ll(Grants.) Rules,

/~ c

Teachers 1'rai11i11g /11stit11tes-G rant lf recog11itic111-Cc 111ditio11.~/i 1r-He/d, instil/lies hcn•i11~ noper111a~1e111 recug11itio11 before iss11e <!lt'1e Rules are 1701111</ to cumpfr 1ritlt nmditiom 1oq11al{f'r,/ill"pemw11e11t recug11itio11-Rule.~ du 1101 intiact Articles /.I mu/ 30( I) of tlte Constitution.

Tead1er-F.i/11cation progra111111e-Need ji)r i111pruve111e11t- Emplwsised.

Co11sti11t1ion 0//111/ia 1950:

Articles /.I, /9( I) (g), 30( 1 )-Right lf mi11oritie.1 to establish eclucational i11stiflltion-s-He/d, right is abso/we in terms but rnbject to reg11/aton E 111eas11res-171ere is no ji111da111enta/ right to recognition and any institute seeking

recog11itio11 .'i/1011/tl abide by the regulations prescribed by the Swte.

Artirles 32, 226-Ed11catio11al l11stitutio11s-Applicatio11sfor11rit <f'manda mur to .eram recognition-Pra\'erfor directions to allow .\'flulenr.1 tu appear at e.\l11ninatio11.1 meanwhile-Held. Courts slwuld not issue/lat tu a/lmr st11de111s lf 1111recog11ised institwions 10 appear at e.raminatiun pending lli.lposal lf writ applications.

The resp<indent state, in the process 9f overhauling the methodology of' teaching and administration of teachers training institutes in order to achieve qualitative excellance in teacher education, amended the Tamil Na du Minorit~· Schools (Recognition and Payment of Grants) Rules, 1977 by G.O. No. 536 dated 17-5-1989 and No. 661dated12-6-91. The Rules besides pro\'iding for instructions, teaching practice to he followed and minimum qualification tc1r

the stall~ prescribed certain other conditions regarding lan.d, building, hostel, H

986 Sl 'PRE~'IE COl..RT REP< lRTS I J 9'l>I S.C.R.

A turniture. lihrary, lahorator~·. teaching appliances, sports facilities, recogi1ised middle school fo1 providing teaching practice to trainees. etc. to he satisfied by a teachers training institute to qualify for grant of recognition. The appellant.;/petitioners arc various Teachers Training Institutes in the State of Tamil Nadu. claiming to be minorit~· educational institutions in terms of Article 30(1) of the Constitution oflndia. The State <.o\'ernment declined to B recognise these institutions on the ground that they failed to satist)' the conditions for grant of recognition as provided under the Recognition Rules.

The appcllant.Jpetitioners tiled writ petitions before the High Court challenging the validity ol'thc Recognition Rules on the ground that the same were violative of Articles 30(1) and 14 of the Constitution. It was rnntcnded that as the minorities have a fundamental right under Article 300) of tlie Constitution to establish and administer educational institutions of their choice, the conditions provided under the Recognition Rules were wholl~· arbitrary and were designed to oustthe appellant.; from the educational-field; and the the provisions were so onerous that it was dillicult rather impossible D to comply with the same. The High Court dismissed the \\Tit petitions. The appcllant..,/petitioncrs tiled the appeals and the special leave petitions.

It was contended on behalf of the appellant.., that the Rules could not he made a1>plicable to the institutions already cstahlishcd and ghen recognition by the State Coven1mcnt under the directions of the Court; and that the E successful student-; ot'thesc institutions who had taken examinations be given certificates.

This Court dismissed the appeals and the special leave petitions b~· it-; order dated 25-5-1993 indicating that reasons therefor would follow.

Giving reasons for it-; order dated 25-5-1993, this Court

HELD : 1. The High Court was right in holding that none of the

c<nditions for grant of recognition to teachers training institutes prescribed under. the Tamil Nadu Minority Schools (Recognition and Payment of G Grant-;) Rules, 1977, infractcd Articles 14 & 30(1) of the Constitution. It rightly_ culled-out the following principles :-

(i) The .fundamental right declared b.v Article 30(1) of the Constitution is absolute in terms, but subject to regulatory measures;

...

TEACHERS' 1:--s1 lf'l 'TE'" STA'IE OF TA\111. :\'AIW 987

(ii) There is no fundamental right under Article 19(1) (g) of the A Constitution to cstahlish ur administer an educational institution, if recognition is sought therefor;

(iii) The institutions must be educational institutions of the minorities in truth and reality and not mere masked phantoms;

(iv) There is no fundamental right to recognition. and any institution seeking recognition should abide by the regulations prescribed hy the State as conditions therefor;

(v) The minorit~· institutions must he fully equipped with educac tional excellence to keep in step with other institutions in the State;

(vi) The regulations framed h~· the State cannot ahridge the fundamental right of the minorities and the~· should he in the interest." of the minority institutions themselves and nothascd D on State necessity or general societal necessities;

(vii) The 1cgulations should be with a view to promoting excellence of educational standards and ensuring security of the services of teachers and other employees of the institutions and in the true interest.-. of eflicienq of institutions, discipline. health, sanitation, morality, public order and the like;

(viii) Even unaided institutions arc not immune from the operations of general laws of the land such as Contract Law, Tax measures, Economic Laws, Social W clfarc Legislations, La hour and Industrial Laws and similar other laws which arc intended to meet the need of the Society.

Kera/a Ed11ca1io11 Bi/(,[1959] SCR 995; Rei. Sidhajblwi Sahhai & Ors. v.

S1a1e of Bom!Jay and Anr. [1963] 3 SCR 837; S. Az.eez Basila v. Unio11 of /11dia (1968] 1SCR833; Slll/e <!f Kera/a elc. '"Very Rev. Mother Pr01i11cial. etc1[1971 I l SCR 734; Regina v. St. AloYsius Higher Elememary School and Anr . .,11971] Supp. SCR 6; 77ze Ahmedablid St. Xaviers College Socie1y & Anr. elc. v. STate <!f G11jara1 andAn~[l9751lSCR173; The Gandhi Faiz-e-am College, Slzal!jalzanpur

v. UniversitY o_f Agra a11d Anr. (1975) 2 SCC 283; Lilly K11ria11,·. Sr. le1rina and

SIWRE'.\IE COURT REPORTS

(1993) 3 S.C.R.

A Ors. I 1979 I 1 SCR 320; All Saints High School, Hyderabad etc. etc. v. Gover1t- 111ent o(Anclhra l'radesli & Urs. etc. Ll980] 2 SCR 924; The Managing Brlard of the Milli Tali111i Mission, llihar Ranchi & Ors. v. Tile State f~{l:Jiflar & Ors. [1985] 1 SCR 410; A/'. Christians Medical Ecl11cationa/ Society '" Gover1111ien1 of /\ndilra l'radesh and Anr. (1986] 2 SCC 667; Frank Amllony Public School Employees /\srnciatiun v. Union f!{"lndia and Urs. (1986] 4 SCC 707; AI/ Bihar H Cliristion Sdwols Asso(.'iation ancl Anr. v. Swte l!(/Wwr and Ors. [1988] 1 sec

206; St. S1eplwn 's College'' 11ie University of De//1i ./T(l991)4 SCC; 548 and Unni Krishnan and 1\nr. v. State of Anclhra Pradesh and< Jrs. [1993J l SCC 45, cited.

2.1 The teacher education programme has to be redl.-signed to bring in a system of education which can p1c1mre the student-teacher to shoulder the

responsibility of imparting educating with a lhing dynamism, and the traditional pattern of "chalk, talk and teach" mc"thod has to he replaced by more vihrant system with improved methods of teaching, to achieve qualita tive excellence in teacher-education.

t N.M. Nagesllwara111111a v. State of Andl1ra l'raclesll & Anr., [1986) Supp sec 166; J\11el/1ra Kesari Ec/11r:atio11 Socie~· , .. Direr:Ior of School Ed11catio11 & < Jrs .. .1:r. (1988) 4 SC 431 and Swte<f Malwraslura , .. \!ikas Sahebrao Ro1111dale & Ors .. J.T. (1992) 5 SC 175, relied on.

2.2 It is entircl~· for the State < ; o, ernmcnt and not fo1 this Court, to lay down the requirement'> of a teachers training institute campus. All those institutes which did not have permanent recognition before the issue of the . Recognition Rules, 1977 are hound tocompl~· with the said condition~ before

the~· arc entitled to permanent recognition. The High Court was justified in holding that the institutions which were operating on the hasis of temporary recognitions, either under the orders of the Courts or otherwise, shall have to

compl~· with the recognition rules to enable them to earn recognition. These institutions arc neither propel'I~· organised nor full)' equipped to tain the teachers. and have done more harm than good to the cause of education.

G 3.1 In l'icw of the series of the judgments oftbis Court, the Court'> should not issue fiat to allow the students ot'unrccognised institutions to appear at the ditlcrcnt examinations pending the disposal of the writ applications. Such interim orders ailed the career of several students and cause unnecessary cmharrnssmcnt and harassment to the authorities, who have to compl~, with H such directions of the Court.,.

ms:C

TEACHERS' INSTITUTE'' STA TE OF TAMIL NADU 989

AP. Christians Medical Educational Society v. Government of Andhra A Pradesh. [1986] 2 SCC 667, relied on.

3.2 The High Court should not have passed interim orders directing authorities concerned to allow the teachers of unrecognised institutions to appear at the examinations. It is a matter of common knowledge that many institutions claiming themselves to be minority institutions ithin the mean ing of A rticlc 30(1) of the Constitution invoke the jurisdiction of the High Court under Article 226 or of this Court under Article 32 for a writ of mandamus to recognise the institutions as minority institutions only when the dates for examinations are notified and, as a part of strategy, seek directions to allow, meanwhile, the students to appear at the examinations. Many of such institutions arc not only "masked phantoms" but arc established as business ventures for admitting sub-standard students without any competitive tests, on basis of considerations which cannot serve even the interest of the minor it}'. The teachers of such institutions cannot derive any benefit on basis

of interim orders when ultimatel)' the main writ applications have been dismissed. As such no equity or legal right can be pleaded on behalf of the D students admitted for traning by such minority institutions fo1 publication of their results or award of certificates.

A.P. Christians Medical Educational Society v. Govemmem of Andhra Pradesh, (1986] 2 SCC 667; and State of Tamil Nadu and others v. St. Joseph Teachers Training Institute and another, [1991] 3 SCC 87, relied on.

CIVIL AP PELLA TE JURISDICTION: Ci vii Appeal Nos. 2914-16 of I 993 etc. etc.

From the Judgment and Order dated 23.3.1993 and 29.J 93 of the Mac ras F High Court in W.P. Nos 15081/91, 8002/92 and 16068/91.

WITH

Civil Appeal Nos.

2937/93 G

3040-40A-B/93

3026-27/93

3025/93 H

-----~- -- -

990 -

SUPREME COURT REPORTS

3015-24/93

3028/93

3084/93 -

2993-94/93

3003-04/93

-_ 3086-87 /93 . .

2995/93

3005-07/93

• 2987-89/93

3014/93

. 3008-i0/93

3086-87/93

2940-41/93

. 3011-301JA/93

2998-3000/93

2986/93

3!01-07/93

2992193 -

3108/93.

2982-82A/93

G - 2983-85/93

3029-31/93

3093-94/93

2943-44/93

(1993) 3 S.C


( 1993] 3 S.C.R.

A 2973-75193

3036-38/93

2962-64/93

3085/93 B 3127-29/93

3012-13/93

3018/93

2938-39/93 c

2980/93

2945-54/93

WITH

D Special Leave Petition (CIVIL) Nos. 7375, 8009-11, .8108, 7416, 7560-62 OF

1993.

Shanti Bhushan, K.K. Venugopal, Soli J. Sorabjee, N. Santosh Hegde, Shivasuhramaniam, K. Parasaran. P. Chidambaram, Mrs. Revathy-Raghavan, E M.A. KrishnaMuurthy, Kailash Vasdev, Pawan Kumar, B. Rabu Manohar, Dr. A.

Francis Julian (Fur M/s .. Arputham, Aruna and Co.), P. Chandrasekhran, Aruneshwar Gupta, A. Chandrasckar, Pushpendra Singh Bhati, V. Ramajagadesan, V. Balachandran, V. Krishnamurthy, K.V. Vijaya Kumar, Ajit Kumar Sinha, Selvar thenave, Martin, K.Y. Mohan, R. Mohan, R. Nedumaran, and P.O.

Dinakaran for the Appellants.

P.R. Seetharaman for the Respondents.

The Judgment of the Court was delivered by

KULDIPSINGH, J. These bunch-appeals are by the Teachers Train- G ing Institutes in the Stale of Tamil Nadu. They claim tu be the minority educational institutions in terms uf Article 30(1) of the Constitution of India. The State Government has declined to re1.:ognise these institutes on the ground that they have failed to satisfy the conditions for grant of recognition as provided under the Tamil Nadu Minor-

,.,.,.. '

- "

,--

! 'IEACllERS' J!'\STITl.'lE .-. STATE OF TAMIL '.\'ADU (KliLDIP SINGH..!.] 993

ity Schools (Recognition and Payment of Grants) Rules, 1977 as amended by the A ('nwernment Order No. S36 dated May 17, 1989 and Government Order No. 661 dated June 12, 1991. (Recognition Rules)

The appellan(s challenged, before the Madras High Court by way of writ petitions under Article 226 of the Constitution, the validity of the Recngnition Rules, i111er alia, on the grounds that the said Rules are violative nf Articles 30( l) and 14 of the Constitution of India. A l.Ji\'ision Bench of the High Court consisting of M. Srinivasan and Tllangamani. JJ. dismissed the writ petitions. M. Srinivasan .I.. who spoke for the Bench. has given a scholarly judgment. The case-law on the subject has been dealt with in detail and the cone I us inns culled 1)Ut succinctly. The High Court judgment has hcen of utmost assistance !iJ us. These appeals \'ia special lca\'e art' hy the Teachers Training Institutes against the judgment of the Division Bench of the High Court.

We announced 1iur conclusions in these matters---Oismissing the appeals and special leave petitions--on May 2S, 1993. Now we proceed to give 1rnr reasoned judgment.

The Recognition Rules provide for instructions'and teaching practice to be followed, minimum qualifications for teaching and non-teaching staff and the folk1wing additional Cllllditions to be satisfied hy a teachers training institute to qualify for grant of rccognitiun :-

I. Th~ Teachers Training Institute should have at least IO acres of suitable land l>f its own. to he used for construction of Building for

lnstituthm and Administration and for Hustcl accommodation and staff quarters and also for Play Ground purpllSes;

2. The Institution Building mustc1msist of suitable rooms to prnvide ior class nx1ms with rnughly 60 sq. feet of carpet area per inmate, one Auditorium mm projecti1m hall wl\h an area of about 2t lt >t >Sq: ieet. Laboratory and Special R1>nms. Lihrary Scaff-moms separately for !\kn and W1Hnen staff. Principal's Room. Office Room,

S1<1re lfonm for Craft and Physical Education articles. Tnikt facili- 1ies separately for men and Wllrnen and women s Comm1111 Rllom;

3. Bath rooms and toilets shuukl be provided. if the Institution is meant f1ir b1>th sexes separate. Su1.h facilities should he provided fm

994.

SlTPREME COURT REPORTS

(1993] 3 S.C.R.

men and Wl1men teaching staff. nlln-te<iching staff and men and women candidates. As far as bath rooms and toikts are concerned arrangements shlmld be made at the rate of one fur ten inmates.

4. (a) Adequate furniture and office equipment including furnitures for class rooms, Library, Laboratory and other rooms should be provided to the value of at least a lakh uf rupees:

(b) Laboratory equipments worth at least a lakh of rupees should be provided for Science, Geography, Home:

(c) Teaching appliances. audio visual aids, charts. maps etc. worth about Rs. 50.000 _, hl)uld be provided.

(d) Spurts/Games/Arts/Music Equipments worth about.Rs. 50,000 shouid be provided.

(e) Equipment and Material for W(>rk experience worth about Rs. 50/100 should be prnvided.

5. A room with a space of approximately !<100 sq. ft. with sufficient stmage space to keep the equipment furnishings to organise various learning situations, and provision w observe the trainees at work_ in the laboratory situations. without being noticed has lO be provided.

Suf11cient furnitures sm:h as, working tables <Jnd almirahs should be pro, ided.

6. Each TeacilerTraining Institution should ha, e a golld library with at least 10.000 volumes of back and reference books worth at least a laldi of rupees:

7. Play grnund space for spl1rts, gymnastics and other Physical

EducatillO acti\ities with an area about 5 acres should be pn; vided.

If the Institute is meant for both sexes, another 3 acres ofland shlluld be prnvided exclusively for women candidates. The Play ground should he provided adjacent to the main Institution building within the campus and not in a remote place away from the Institution:

TEACHERS' I~STITCTE v. STATE OF TAMIL NADU [KULDIP SINGH, J.] 995 .

8. At least one full fledged recognised Middle School with Stan- A dards I to VIII should be functioning under the same management of every Teacher Training Institute seeking recognition, for the purpose of providing teaching practice to the trainess. This will be a precondition even at the time of sending in applications for recognition ofTeachers Training Institutes. The practical aspects of the Training will be assessed by a competent board to be constituted B by the concerned authority.

9. (a) The need for the opening of the institution in that area will be . assssed by a District Committee with a Joint Director nominated by Director of School Education as Chairman with Chief Educa- C tional Officer and District Educational Officer/Inspectors of Girls Schools as members as the case may. This committee wi.11 submit a report about satisfaction of norms l; lased on which the coinpetent authority will consider Recognition for the institution;

(b) The Authority competent to grant recognition shall take into D account the need for granting such recognition to Teacher Training Institutes taking into consideration the trained: teachers already available and waiting for appointment and potential to absorb the Teachers to be trained in future in the services of Government and

Private Schools.

l 0. There should be economic strength as prescribed by the education department. The teachers training institutes should not admit more than forty students in all for the course and should not exceed this limit either in the first or second year.

It was argued before the High Court that as the minorilies have a fundamental right under Article 30( 1) of the Constitution to establish and administer educational institutions of their choice, the conditions provided under the Recognition Rules are wholly arbitrary and have been designed to oust the appellants from the educationai-fieled and the provisions regarding, having a middle school: ten acres

of land, play grounds, library with 10.000 books, laboratory, hostel, staff quarters, G bathrooms for students etc. etc. are so onerous that it is difficult rather impossible

t1) comply with the same.

996 SUPREl\1E COURT REPORTS

(1993] 3 S.C.R.

A While dealing with the argument based on Article 30(1) of the Constitution of India the High Court discussed in detail the judgments of this Court in Kera/a Education BiU,{1959] SCR 995, Rev. Sidlwjbhai Sabhai & Ors. v. Slate of Bombay and Anr, [ 1963] 3 SCR 837. S Azeez Basha v. Union of lndia}.1968] 1 SCR 833~ State of Kera la etc, v. Very Rev. Mother Provincial etc~[l97 lJ I SCR 734; Regina

v. St. Aloysius Higher Eiementa1y School and Ani:, [1971] Supp. SCR f1; The B Gandhi Faiz-e-am College, Shall}ahanpur v. University of Agra and Anr. [ 1975) 2 SCC 283; Lilly Kurianv. Sr. Lewilla and0r~[l979] l SCR 820~All Saints High School, Hyderabad etc. etc. v. Government of Andhra Pradesh & Ors. etc,[ 1980) 2 SCR 924; The Managing Board oft he Milli Talimi Mission, Bihar Ranchi & Ors.

v. The State of Bihar & Ors_, [1985] 1 SCR 410: A.P. Christians Medical Ed11cational Society v. Government of Andhra Pradesh and Anf? [1986] 2 SCC C 667~ Frank Anthony Public School Employees Association v. Union of India and Ors, fl 986] 4 SCC 707:AllBiharChristion Schools Association and Anr. v. State of Bilwr and Ors [1988] I SCC 206: SI. Stephen's College v .. The Univrsity of Delhi, JT [l 99 I] 4SC 548: Unni Krishnan and Anr. v. Stateof AndhraPradesh and Ors. Writ Petition (C) No. 607/92 decided on February 4, 1993 and TheAhmedabad D St. Xaviers College Society & Anr. etc. v: State of Gujarat and Anr,[ 1975] I SCR

173. On the analysis of the above judgments the High Court culled-out the following principles :-

"I) The fundamental right declared by Article 30(1) of the Constitution is absolute in terms~ but subject to regulatory measures;

2) There is no fundamental right under Article 19( I) (g) of the Constitution to establish or administer an educational institution, if recognition is sought therefor;

3) The institutions must be educatiopal institutions of the minorities in truth and reality and not mere masked phantoms;

4) There is no fundamental right to recognition and any institution seeking recognition should abide by the regulations.prescribed by the State as conditions therefor; '

5) The minority institutions must be fully equipped with educational excellence to keep in step with other institutions in the State;

6) The regulations framed by the State cannot abridge the fundamental right of the minorities and they should be in the interests of

'TEACHERS' l:\'STITFTE 1. STA n: OF TAMIL l'ADL' [KULDTP SINGH.LI 997

the minority institutions themselves and not based on State neces- A sity or general societal necessities;

7) The regulations should be with a view to promoting excellence of educational standards and ensuring security of the ser\'ices of teachers and others employees of the institutions and in the true interests of efficiency of institutions, discipline, health, sanitation, morality. public order and the like;

8) Even unaided institutions are not immune from the operations lif general laws of the land such as Contract Law. Tax measures, Economic Laws, Social Welfare Legislations Labour and Industrial Laws and similar other laws which are intended to meet the need of the Society;

No fault can be found with tile above quoted legal principles enunciated by the High Court. Mrs. Kitty Kumar Manglam. Mr. Shanti Bhushan. Mr. K.K.

Venugopal, Mr. K. Parasaran, Mr. P. Chindambram and other learned counsel appearing for the appellants fairly conceded that the High Court has correctly summed-up the condusions arising out of the interpretation of Article 30( 1) of the Constitution of India.

Before dealing with the Recognition Rules the High Court referred to the Guidelines framed pursuant to the National Educational Policy introd.uced in the year 1986, the recommendations of the Education Commission ( 1964-1966 ), the role of the National Council for Teach er Education under the National Council of Educational Research and Training. the views of \'arious eminent educationists

and came to the conclusion that there is a need for drastic change in the basic concept of teachers training in the country: Comprehensi\'e overhauling of F administrative structure of these institutions was urgently needed. The High Court dealt-with in detail the re\'ised syllabus forthe diploma in teacher education course and also the curriculum of the institutes of Education Training set up by the Tamil Nadu Government which shows that the State of Tamil Nadu is in the process of overhauling the methodology of teaching and administration of the teachers training institutes in the State ofTamil Nadu. The High Court referred to various G judgments of this Court wherein the importance of teacher training and need to uplift the standard of such institutions was repeatedly highlighted.

The High Court rightly emphasised the need for maintaining \'ery high standards of Educatil)n, Sports, administration and maintenance of the Teachers H


[1993) 3 S.C.R.

Training Institutes. These Institutions are established with the avowed object of training teachers and educationists who have to _shoulder the responsibility of moulding the nation. This Court in N.M. Nageshwaramma v. State of Andhra Pradesh & Anr. (1986] Supp SCC 166 observed as under:-

"The Teachers Training .Institutes are meant to teach children of impressionable age and we cannot let loose. on the innocent and unwary children, teachers who have not received proper and adequate training. True they will be required to pass the examination but that may not be enough. Training for a certain minimum period in a properly organised and equipped Training Institute is probably essential before a teacher may be duly launched."

Jagannatha Shetty. J. speaking for this Court in Andhra Kesari Education Society v. Director ofSchoQ/ Education & Ors. J .T.,(1988) 4 S.C. 431 observed as .under:

"Though teaching is the last choice in the job market, the role of teacher is central to all processes of" formal education. The teacher alone could bring out the skills and intellectual capabilities of students. He is the 'engine of the educational system. He is a principal instrument in awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would inspire and motivate into act{on the benefitter. He must keep himself abreast of ever changing condition.s. He is not to perform in a wooden and unimaginative way. He must eliminate fissipasrous tendencies and attitudes and infuse nobler and national idas in younger minds. His involvement in national integration is ri10re important. indeed indispensable. It is, therefore, needless to state that teachers should be subjected to rigorous training with rigid scrutiny of efficiency. It has greater relevance to the needs of the day. The ill trained or sub-standard teachers would be detrimental to our educational system: if not a punishment on our children. The Government and the University must. therefore. take care to see that i.nadequacy in the training of teachers is not compounded by any extraneous consideration."

H In Stare (!f Malwrashtra v. Vikas Sal1ebrao Roundale & Ors.JT (1992) 5

'ltACHERS' INSTITU'fE '" STATEOFTA.\11L NADL' [Kl'LDIP SINGH, J.J 999

S.C. 175, K. Ramaswamy, J. speaking for this Court observed as under:-

"The teacher plays pivotal role in moulding the career, character and moral fibres and aptitude for educational excellence in impressive young children. The formal education needs proper equipment by

the teachers to meet the chalknges of the day to impart lessons with latest technics to the students on secular, scientific and rational B outlook. A well equipped teacher could bring the needed skills and i ntelkctual capabilities of the students in their pursuits. The teacher is adorned as Gurudevobhava, next after parents, as he is a Principal instrument to awakening the child to the cultural ethos, intellectual excellence and discipline. The teachers, therefore, must keep abreast ever changing technics. the needs.of the socity and to cope up with the psychological approach to the aptitudes of the children to perform that pirntal role. In short teachers need to be endowed and energised with needed potential to serve the needs of the society.

The qualitati\'e training in the training colleges or schools would inspire and motivate them into action to the benefit of the students.

D For equipping such trainee students in a school or a college all facilities and equipments arc absLJlutely necessary and institutions bereft thereof ha\'e no place to exist nor entitled to recognition. In that behalf compliance nfthe statutoryrequiremeilt is insisted upon.

Slackening the standard and judicial fiat to control the mode of education and examining system are detrimental to the efficient E management of the education:·

The teacher-education progranune has to be redesigned to bring in a system of education which can prepare the student-teacher to shoulder the responsibility of imparti11g education with a lhing dynamism. Education being closely intern.:-. F lated to life the well trained teacher can instill anesthetic excellence in the life of his pupil. The traditional, stereotyped. lifeless and dull pattern of .. chalk, talk and teach· method has to he replaced by a mlJre \'ihrant system with improved methods of teaching. to achieve qualitative excellence in teacher-education.

Keeping in view the National Policy of Education, the Government ofTamil G Nadu has published. a re\'ised syllabus for the diploma in teacher education course. in the Government Gazette llf August 15, 1990. The aiins and objectives

l)f the said syallbu:; and curriculum as given by the State of Tamil Nadu an: m H under:-

1000 Sl'.PRE~'1E COURT REPORTS

[1993) S.CR.

.. A sound Prog.ranune of Elementary Teacher Education is incvitahlefor the qualitative improvement of Education. Educath:m must become an effective instrument of social change and the part played by the teacher should be suitable and significant for this purpose.

The gap between the Teacher Education curriculum and the school curriculum has to be rninimised for enabling the teachers to act as agents of social change which necessitates that the education imparted in schools has relevance to the personal as well as social liie of individuals and to "the needs and aspirations of the penple.

In order to be a catalyst in the procees of developing a citizen who is productive and who believes in social justice and national integration, the teacher himself needs to become such a citizen thmugh appropriate learning experience ...

The High .court has examined the legality of the impugned Recognition Rules in the ahnve background. It has discussed in detail the ohject and utility of laying down the impug1icd conditions for recognition. The High Court has found D that none of the conditions infractArticles 14 and Article 30( I) of the Constitution of India. We agree with the reasoning and the conclusions reached by the High Court. This Court cannot go into the question as to whether a Teachers Training Institute should be set up on a campus consisting of JO acres or 5 acres. It is also . nut for this Court to lay tlown the sizes of the class rooms. lahoratorics, number of toilets or tile number of books tlJ be kept in the library. It is entirely for the State E Government to lay down the requirements of a teachers training institute campus.

The learned Advocate General appearing for the State of Tamil Nadu has contended that the Recognitiun Rules are also applicahle to Government run teachers training institutes and also to the institutes which arc Government-aided.

According tu him the new Recognition P1)licy of the Government has been designed with the object 1>f closing. the .. teaching shops" and encuuraging the genuine institutions. According to him the policy is based on the guidelines issued by the Central Gnvernment fr\Jm time to time. He further stated that the condition of having an area nf IO acres for the campus has now been reduced to five acres in case uf the institutions which arc set up within the area of Municipal O>rporation~ He has clarified that the only requirementfor setting up the library is that it must have reference books worth at least a lakh of rupees. According to him the number of toilets_. bathrooms etc. and other conditions regarding the institutehuilding are in the nature of guidelines and are to be substantially complied with.

011 our suggestion the learned Advocate General has agreed to commend to the H St<lte Governme111. not to insist on additional 3 acres oi land in case of coo

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TEACHERS' INSTITUTE\'. STATE OF TAMIL NADU [KULDIPSINGH.J.] 1.001

educational institutes in case these institutes are having LO acres/5 acres of area as A provided under the Recognition Rules.

Mr. Shanti Bhushan. appearing in civil appeals arising out of Special Leave Petitions No. 6762-63/93 has contended that the appellants institutes started functioning in the year 1984. They were refused recognition and as such they challenged the order by way ofa writ petition before the High Court. The learned counsel has invited our attention to the judgment of the High Court dated November 3, 1987 in the said writ petition wherein it is held as under:-

.. Consequently, the orders of the respondents 2 and 3 are set aside,

a writ of mandamus will issue directing the third respondent to grant C recognition to the petitioner-institute with effect from 27th September, 1984. This writ petition is allowed with costs."

Mr. ShantiBhushan contended that the impugned Recognition Rules cannot be made applicable to the institutions which have already been established and given recognition by the State Government under directions otthe Court. Relying upori the above quoted judgment of the High Court learned counsel has contended that his clients wer~ given recognition with effect from 1984 under the directions 0f the i'!igh Court and as such the impugned Recognition Rules which came into force in the year i 989 cannot be made applicable to them. It is not disputed by Mr.

Shanti Bhushan lhat under the directions of the High Court temporary recognition was given to :1is clients, though according to him the order of the Government granting temporary recognition was challenged before the High Courtancl the said petition w; tS also disposed of by the impugned judgment. We see no force in the contentiori of the learned counsel. All those institutes which did not ha\'e

permanm recognition before the issue of the Recognition Rules are bound to com1,;'ywith the said conditions before they are entitled to permanent recognition.

The High Court was justified in holding that the institutions which were operating on the ba-.is of temporary recognitions, either under the orders of the Courts or otherwise, shall to comply with the recognition rules to enable them to earn recognition.

Mr. K.K. Venugopal contended that a distinction has to be made between the G institutions Which are functioning earlier to the coming into force of the recognition rules and those which have applied for recognition for the first time.

According to him change-over period should be given to the existing institutes which are functioning on the basis of temporary recognition. We do not agree with Mr. Venugopal. The tmining institutes which are functioning on the basis of H


(1993] 3 S.C.R.

temporary recognitions are neither properly organised nor fully equipped to train the teachers. ll1ese institutes have done more harm than good to the cause of education.

Mr. VenugopaJ and Mr. K. Parasaran have further argued that the students who have already taken the examinations, their results be directed to be declared and if successful, certificates be awarded to them. Mr. Chindambram, appearing for some of the appellants, , has argued that there are students who have already taken the examination and their results have also been declared but they ha\; e not been given certificates on the ground that the institutes which sponsored them have not been recognised.

It is no doubt correct that temporary recognitions have been granted to some of the institutions either under the orders of the Court or otherwise and the students of such institutions were permitted to write the examinations. In number of cases underorders of the Court permission to the students to write the examinations have been given. The High Court also directed in some cases to publish the results of D the students who wrore the examination in April 1992 .. All these situations were

. brought to the notice of the High Court in Writ Petition No. 3674 of 1992 and Writ Petition No. 5469 of 1993 which were heard togetherc The High Court refused to grant relief to the students who had written the examination or who had passed the examination and were being denied the certificates. The High Court observed as under:

"Based on the above orders, learned counsel for the petitione~ . contends that the stu'dents of the petitioner-Institution have validly written the examination when the order of recognition was in force and the results of the examif)ation have already been published pursuant to the orders orthis Court. It is contended that the students of the petitioner are certainly entitled to the consequential relief of issue of certit1cates. Another interlocutory application is now filed in WMP No. 5469 of J 993 on 22.2.93 for a direction to the third respondent to publish the results of the students who. wrote the examination held in July 1992. In similar cases, we have given directions to the authorities to publish the results. But, we have taken care to observe that such publication of results will not confer any right on the students as the Institutions have not complied with the rules framed in QO Ms. No. 536. They cannot take advantage of the interim orders passed by this Court directing the Government to grant temp()rary recognition.' Orders of such temporary recognition

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TEACHERS' INSTITUTE 1•. STA TE OF TAMIL NADU (KULDIP SINGH. J.] 1003

are expressly made subject to the result of the main writ petitions.

A Now, we have held that GO Ms. No. 536 is \'alid and the orders of temporary recognition will not confer any other remedies on the students of the petitioner. So far as these institutions are concerned, they should be treated only as non-recognised. Just because the students have written the examinations and results are published, they are not entitled to any further relief. The writ petition iS dismissed with the above observations".

It has come to the notice of this Court that many institutions claiming themselves to be .minority institutions within the meaning of Article 30( I) of the Constitution, invoke the jurisdiction of the High Court under Article 226 or of this Court under Article 32 for a writ of mandamus to recognise the institutions in question as minority institutions and pending the final disposal of such applications, an interim direction is sought to allow the students of such institutions to appear at the examinations concerned. In connection with such interim prayer. this Court in the case of A.P. Christians Medical Ed11cationaf Society v. Government

of And/Jra Pradesh (supra) said :- D

"Shri K.K. Venugopal, learned counsel for the students who have been admitted into the MBBS course of this institution, pleaded that the interests of the students should not be sacrificed because of the conduct or folly of the management and that they should be permitted to appear at the University examination notwithstanding the circumstance that permission ad affiliation had not been granted to the institution. He invited our attention to the circumstance that students of the Medical college established by the Daru Salam Educational Trust were permitted to appear at the examination notwithstanding the fact th<lt affiliation had not by then been granted by the University. Shri Venugopal suggested that we inight issue appropriate directions t.o the University to protect the interests of the students. We do not think that we can possibly accede to the , request made by shri Venugopal on behalf of the students. Any direction of the nature sought by Shri Venugopal would be in clear transgression of the provisions of the University Act and the regulations of the University. We cannot by our fiat direct the University to disobey the statute to which it Qwes its existence and the regulations made by the University itself. We cannot imagine anything more destructive of the rule oflaw that a direction by !he court to disobey the laws.··

SUPREME COL'.RT REPORTS

[ 1993 J 3 S.C.R.

0 In view of the aforesaid pronouncement of this Court, the High Court should riot have passed. interim order directing the respondents to allow the teachers of unrecogrii_sed institutions to appear at the examinations -in question. Such teachers cannot derive any benefit on basis of such interim orders, when ultimately the main . writ applications have been dismissed by the High Court, which order is being affirmed by this Court. The same view has been expressed by this Court, in B connection with the minority unrecognised teachers training institutiOI1S in the

State of Tamil Nadu itself, in the case of State of Tamil Na du and others v. St.

Joseph Teachers Training lnstilllte and another (1991) 3 SCC 87. As such no equity or legal right can be pleaded on behalf of the Teachers admitted for training by such minority inshtutions, for publication of their results, because they were • c

allowed to appear at the examinations concerned, during the pendency of the writ applications before the High Court, on basis of interim orders passed by the High Court; which were in conflict with the view expressed by.this Court in Che aforesaid cases.

We see no ground to differ with the view 1aken by the High Court. This court in NM. Nageshramma 's case (supra) has held that training in a properly organised and equipped training institute is essential before a candidate becomes qualified to receive teachers trai.ning certificate; Simply passing the examination is not enough. The future teachers of the country must pass through the institutions which have maintained standards of excellence. at' all levels.

E We see so ground to interfere with the impugned judgment of the High Court.

We agree with the views expressed by the High Court on various aspects of

teachrs training institutes. We also agree with the reasoning and the conclusions reached by the High Court. ·

Before we part with thi's judgment we consider it necessary to strike a note of caution in respect of passing of interim orders by Courts directing the students of unrecognised institutions, to appear at the examinations concerned. In view of the series of judgments of this Court, the Courts should not issue fiat to allow the

student~ of unrecognised institutions to appear at the different examinations pending the disposal of the writ applications. Such interim orders affect the careers c of several students and cause unnecessary embarrassment and harassment to the

' authorities, who have to comply with such directions of the Court. It is a matter of common knowledge that as a part of strategy. such writ applications for directions to recognise the institutions in question and in the meantime to allow the students H to appear at the examinations are filed only when the dates for examinations are 'notified. Many of such institutions are not only "'masked phantoms· but are

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TEACHERS' INSl'JTUTE 1. STA TE OF TAMIL NADU [KULDIP SINGH, J.) 1005

establised as business ventures for admitting sub-standard tudents, without any A competitive tests, on basis of considerations which cannot serve even the interest of the minority. There is no occasion for the Courts to be liberal or generous, while p;:issing interim orders, when the main writ applications have been filed only when the dates for the examination have been announced. In this process, students without knowing the design of the organisers of-sucl:J institutions, become victim of their manipulations.

The appeals/special leave petitions are dismissed. No costs.

R.P.

Appeals dismissed .