Page 89 - DEDU505_TEACHER_EDUCATION_ENGLISH

Unit 8: Statutory Bodies in Teacher Educaion and their Functions—NCTE

Educators with 20 years of experience, Heads of Research and Development Institutions in Notes
education like NCERT, SCERTs, etc.
(ii) Educational Administrators (Two) : Serving or Retired administrators of or above the super-
time scale / Higher Administration Grade in the Central or State Government or in institutions
like the Kendriya Vidyalaya Sangathan (KVS) / Navodaya Vidyalaya Samiti (NVS) / National
Institute of Open Schooling (NIOS) / Central Board of Secondary Education (CBSE) with at
lease five years’ experience in the school education sector.
Regarding ex-officio members representing State Governments, there is a need to lay down certain
guidelines. It has been observed that representatives of State Governments very often do not take
the work of the Committee very seriously and junior officers are nominated who may not be in a
position to take a decision on behalf of their Government. The State Governments should be requested
to nominate a senior officer, who should be required to attend the meetings of the Regional
Committee regularly, failing which the matter should be brought to the notice of the State
Government.
he role of the members of the Regional Committees is primarily confined to their participation in
the meetings and finalization of minutes thereafter. The cases of TEIs are presented before the
Committee by the Regional Director of the NCTE, who heads the Regional Office and is of the rank
of a Deputy Secretary. Since he has to function as a facilitator as well as implementer of the policy
decisions of the Committee, it would be more appropriate if he participates in the meetings of the
Committee on equal footing with other members, for which the position of the Regional Director
should be upgraded.
The Commission recommends that the Central Government would develop guideline for the
appointment of the members of the Council. The Members of the Regional Committee should be
appointed by the Council.
Analysis of Inadequacy of Regulatory Provisions for withdrawal of Recognition of Sub-
standard Teacher Education Institutions :
Section 17 of the Act empowers the Regional Committee to withdraw recognition/permission
granted to an institution. The Regional Committee takes action under this section after receiving
any information/complaint in respect of an institution from various sources - State Government,
affiliating body, inspection caused by the Council under section13, individuals, other organizations,
etc., regarding violation by the institution of the Norms and Standards specified by the NCTE. The
Regional Committee undertakes inspection of the institution, and after affording due opportunity
to the institution, takes a final decision, including of withdrawal of recognition/permission. During
2010 and 2011, the total number of teacher education courses/institutions of which recognition was
withdrawn by the Regional Committees of the NCTE was 404 and 317, respectively.
As mentioned earlier, in the SLP (Civil) no. 3505 of 2012, the Apex Court held that the Regional
Committees do not have powers under section 17 to cause inspection of an institution, since specific
power to cause inspection has been provided to the Council under section 13 of the NCTE Act.
Where the Regional Committee intends, on the basis of information/evidence in its possession, to
cause inspection, a request could be made to the Council for causing inspection under section 13.
The Court also held that it is not obligatory to cause inspection prior to taking action under section
17. Such action can be taken on the basis of information available with the Regional Committee
against the institution, after according due opportunity. Because of this decision, the Regional
Committees are unable to cause inspection at their level for invoking the provisions of section 17.
The Commission discussed the aforementioned decision of the Supreme Court, and its implications
on the powers of the Regional Committees under section 17. It was felt that the purpose of causing
inspection of an institution prior to withdrawal of recognition was to ascertain the correct facts
about the quality of the institution vis-à-vis the information/complaint received by the Regional
Committee. It was also an opportunity for the institution to demonstrate its adherence to the
Norms and Standards. Further, recognition can be withdrawn under section 17 only after the Regional
Committee is satisfied that the institution has contravened the conditions of recognition/permission.

LOVELY PROFESSIONAL UNIVERSITY 83