New Delhi: The Union Cabinet recently approved a proposal from the Ministry of Human Resource Development (MHRD) to amend the National Council for Teacher Education (NCTE) Act, 1993, to clarify its applicability to matters relating to norms for minimum qualification for appointment of school teachers and clarify its applicability to schools and teachers.

The NCTE Act, 1993, came into force on July 1, 1995, with an objective to achieve planned and coordinated development of teacher education system in the country and ensure proper maintenance of norms & standards in the above system.

The Act mandates the NCTE to lay down guidelines on minimum qualifications for a school teacher with a view to ensure uniform quality of teaching in the schools. The NCTE has framed regulations to discharge this function, which binds on all states in the matter of appointment of teachers.

"Recently it came to the notice of our department that the Supreme Court in the case of Basic Education Board, Uttar Pradesh Vs. Upender Rai & others, held that NCTE Act does not deal with educational institutions like primary schools, etc and thus in the matter of laying minimum qualification for appointment as teachers, the NCTE regulations will not be applicable, and the state legislation on the subject will prevail," said an official press release from the MHRD.

In the above judgement, the Supreme Court interpreted a central law, but neither the NCTE nor the Union of India was impleaded in the case.

"A review petition filed by NCTE in the apex court was also not admitted. Therefore, a decision has been taken to amend the NCTE Act in order to clarify that the Act applies to schools, teachers and it is empowered to lay down the minimum qualifications for a person to be eligible as a teacher in schools," said an official from the HRD.

The NCTE (Amendment) Bill 2009 will be moved in the Parliament for consideration.