The National Council for Teacher Education and its four Regional Committee were set up for proper maintenance of Norms and Standards in the teacher education process and matter connected therewith throughout the country. In the process, litigations have been cropped up and a large number of court cases have been filed in the Hon’ble Supreme Court and various Hon’ble High Courts against NCTE.
With a view to effective dealing with the litigation matters and Court cases, a separate section viz Legal Division was established in the
NCTE(HQ). The main objective of the Legal Division is to take timely and suitable action on the various litigation matters and Court cases to resolve the litigations and protect the interest of NCTE and decrease the Court cases filed against the NCTE.
Activities
The Division monitors and deals with all the Court cases filed in the Hon’ble Supreme Court and various Hon’ble High Courts of the country. The copy of the SLPs/writ petitions/legal documents are being received by the Standing Counsels filed in the ;Supreme Court and various High Courts. The cases are then processed on noting for assignment of the cases to specific legal counsels. The concerned Regional Committee prepares the parawise comments and the legal counsel prepare the counter replies accordingly. The Legal Section vets the counter replies prepared by the Regional Committee and the legal counsels. The Legal Section ensures timely filing of the same in the respective Court of law for defending the cases to protect the interest of NCTE.
When the judgment is pronounced by the Court, the copy of the judgment is obtained and the Legal Section process the judgment for obtaining approval of the Competent Authority for implementation of the directions of the Court or otherwise. The decision of the Competent Authority is then communicated to the concerned Regional Committee for further action accordingly.
The Legal Division, also process the SLPs filed in the Supreme Court and monitors from time to time for early disposal. In addition to the above, the Legal Section scrutinize the professional fee bills of legal counsels as per the extant of legal policy of NCTE for early payment to the concerned legal counsels.
In the Legal Section, legal consultants have been engaged, who in addition to above functions also attend the Court cases in the High Courts and Supreme Court on the dates of hearing to help the legal counsels in providing inputs for proper defence/contest of the cases. The Legal Division also compiles and submits reports and returns on court cases every month to the Ministry of HRD and conducts meetings as and when required and prepare minutes of the meetings accordingly. Legal Section is also associated with the Amendment of NCTE Act, 1993.
In addition to the above the legal consultants brief the legal counsels regarding the cases for proper defence of the cases in the Courts and also liaise with the officers of the MHRD in connection with the court cases.