The Union Cabinet today approved a proposal from the Ministry of Human Resources Development to amend the National Council for Teacher Education Act, 1993 to clarify its applicability to matters relating to norms for minimum qualification for appointment of school teachers. The National Council for Teacher Education Act, 1993 came into force on July 1, 1995 with an objective to achieve planned and coordinated development of teacher education system and ensure proper maintenance of norms and standards in the system.
The Act mandates the NCTE to lay down guidelines on minimum qualifications for a school teacher with a view to ensuring uniform quality of teaching in the schools.
The body has framed regulations to discharge this function which are binding on all States in the matter of appointment of teachers.
Recently, it came to the notice of this Department that Supreme Court in the case of Basic Education Board, UP vs Upender Rai and others, held that NCTE Act does not deal with educational institutions like primary schools and thus in the matter of laying minimum qualification for appointment as teachers, the NCTE Regulations would not be applicable, and the State Legislation/Rule on the subject would prevail.
In the above judgement, a Central Law was interpreted by the Supreme Court, but neither the NCTE nor the Union of India was impleaded in the case.
A review Petition filed by NCTE in the Supreme Court was also not admitted. Therefore, a decision has been taken to amend the Act in order to clarify that the Act applies to schools, teachers and the NCTE is empowered to lay down the minimum qualifications for a person to be eligible as a teacher in schools.
The NCTE (Amendment) Bill 2009 would be moved in Parliament for consideration.