Madras HC declares TN Govt's Guidelines as invalid

Updated on: Saturday, April 23, 2011

The Madras High Court today declared as invalid the Tamil Nadu Government's guidelines for grant of affiliation to Teacher Training Institutes.
"On careful consideration of the impugned regulations I and II, in the light of the regulations framed by the National Council Teacher Education, we are of view that these two regulations are beyond the executive power of the state," the court said.

A Division Bench, comprising Justices D Murugesan and K K Sasidharan, was delivering a common judgement on an appeal against a single judge's order dismissing a petition, challenging May 3, 2008 a Tamil Nadu government order, prescribing certain guidelines in the matter of grant of affilitaion.

The GO was made applicable to new institutions as well as existing institutions.

The order was challenged by the Self-financing Private Teacher Training Institutes' Association and other institutes on various grounds. A single Judge rejected the contentions raised by them, following which the present plea was moved.

The Bench said Guideline No I (Conditions for grant of affiliation to New Teacher Training Institutes) and Guideline No II (Affiliation in respect of existing Private Teacher Training Institutes) along with Annexure I to VI are declared as void, invalid and inoperative, as it impinges upon the provisions of the NCTE Act and Regulations.

However, upholding Regulations numbers III to VI framed by the state in its capacity as examining body, the Bench rejected the contention challenging these regulations, citing a supreme court judgement.

The regulations were within the sphere of examining body, within the legislative competence of the state, it said.

Madras HC declares TN Govt's Guidelines as invalid

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