Supreme Court upholds Uttarakhand government's decision to not recognise new B.Ed colleges in State

The Supreme Court on Thursday upheld the decision of the Uttarakhand government not to grant recognition to new colleges offering Bachelor's of Education (B.Ed) courses on the ground that it would lead to large-scale unemployment in the State [State of Uttarakhand v. Nalanda College of Education]..A Division Bench of Justices MR Shah and MM Sundresh set aside orders of the Uttarakhand High Court dated September 10, 2018 which had quashed the State's policy decision."The High Court has committed a serious error in holding that the decision not to recommend for the new B.Ed. colleges can be said to be arbitrary. It should be noted that under the provisions of the National Council for Teachers Education (NCTE) Regulations, the State is well within its right to make suitable recommendations," the Bench held..It noted that under the NCTE Regulations, the State is required to provide detailed reasons against grant of recognition with necessary statistics."Therefore, the State was well within its right to recommend and/or opine that it is not in favour of granting further recognition to the new B.Ed colleges, as against the need of annually 2,500 teachers approximately 13,000 students would be passing out every year, therefore, for the remaining students, there will be unemployment," the judgment stated..The Bench was hearing an appeal filed by the Uttarakhand government against the 2018 order of the Division Bench, which had upheld the decision of the single-judge, who on April 4, 2014, had quashed the State's decision of not recognising new B.Ed colleges.The State had highlighted the fact that there is a need of 2,500 teachers annually and if new colleges are allowed, the number of students graduating yearly would rise to 13,000. This, the State contended, would lead to large-scale unemployment.However, the High Court's single-judge Bench had quashed this decision, observing that the ground of potential unemployment raised by the State was arbitrary.On the contrary, instead of closing down the institutions, the State government should promote institutions that provide education and a welfare State is not supposed to close down institutions, the single-judge had held..While quashing the Division Bench verdict that upheld the single-judge's ruling, the Supreme Court held,"The decision (of the State) cannot be said to be arbitrary as observed and held by the High Court. The need of the new colleges looking to the requirement can be said to be a relevant consideration and a decision not to recommend further recognition to the new B.Ed. colleges on the need basis cannot be said to be arbitrary. Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable.".Advocate Krishnam Mishra appeared for the Uttarakhand government. Advocate Manisha Karia represented the NCTE..[Read judgment]