Legal Divison | NCTE : National Council For Teacher Education

Legal Division

Introduction

The National Council for Teacher Education and its four Regional Committees 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:-

  1. 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 Committees 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.
  2. 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 Committees for further action accordingly.
  3. 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.
  4. 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.
  5. 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.

Staff

The details of the staff engaged in the Legal Cell is as follows:

S.No. Name Designation Email with phone number
1. Dr. Sumita Das Majumdar Under Secretary legal@ncte-india.org
011-23370170

Legal Counsels

For Supreme Court of India
S.No. Name of the Advocate Standing/Legal Counsel Mobile No./E-mail Address
1. Ms. Monica Arora Standing Counsel 9810246300
officeadvmonika@gmail.com
B-100, First Floor, Shivalik, Malviya Nagar, New Delhi-110017
2. Sh. Gaurav Sharma Additional Standing Counsel 9818304902
gaurav1402@gmail.com
Office E-9, Lower Ground Floor, Nizamuddiin West, New Delhi 110013
Office at H.No. 837, Sec-29, Noida, Up-201301
3. Sh. A.D.N. Rao Legal Counsel 23381057,23386042
adnrao@adnrao.com
Res: A-126, Kamala Nivas, Sector 27, Noida.
Permanent Address: D-1, 176 Lajpat Nagar-1 New Delhi-110024.
Office Address: Chamber No. 116, Post Office Block Supreme Court Compound, New Delhi.
4. Sh. Anish Gupta Legal Counsel 91-9811480821
91-9654523821
anish1973@rediffmail.com
Flat No. 2 First Floor, L-95, Street No. 7, Supreme Court of India New Delhi-110037
5. Sh. Anil Soni Legal Counsel 9312224805
anilsoni42@gmail.com
New Delhi Office: C/o eg. Communications 5, Todar Mal Lane, Bengali Market, New Delh -110001.
Residential Address: F-6, Ashok Vihar Phase-I, New Delhi-110052.
6. Sh. Kirtiman Singh Legal Counsel 9811700872
91-11-24370872
kirtimansingh.office@gmail.com
Office 4/23-B, Lower Ground Floor, Jangpura-8, New Delhi 110 014
7. Ms. Asha Gopalan Nair Legal Counsel 09868716588
09810348981
ashanair253@gmail.com
Chamber: 322, C.K. Daphtary , Chamber Block, Supreme Court of India, New Delhi-110001
8. Sh. Aurjun Harkauli Legal Counsel 91-9818072418
arjunharkauli@gmail.com
B-104, Gulmohar Park, New Delhi-110049
For High Court of Delhi
S.No. Name of the Advocate Standing/Legal Counsel Mobile No./E-mail Address
1. Sh. Anil Soni Standing Counsel 9312224805
anilsoni42@gmail.com
New Delhi Office: C/o eg. Communications 5, Todar Mal Lane, Bengali Market, New Delh -110001.

Residential Address: F-6, Ashok Vihar Phase-I, New Delhi-110052.

2. Sh. Rohit Gandhi Additional Standing Counsel 9818610321
011 2307 3701
adv.rohitgandhi@gmail.com
Chamber No. 279, Lawyer”s Block-II, High Court of Delhi, New Delhi-110003
Residential Address: C6B/74, Janak Puri, New Delhi-110058
3. Sh. Summit S. Sharma Legal Counsel 91-9971580009
sharma.lawyer@gmail.com
Residential Address 193-A, Sector-57, Gurgaon-122 002, Haryana.
Office: C-41 (Basement) Jangpura Extension, New Delhi-110 014
4. Ms. Monica Arora Legal Counsel 9810246300
officeadvmonika@gmail.com
B-100, First Floor, Shivalik, Malviya Nagar, New Delhi-110017
5. Ms. Arunima Dwivedi Legal Counsel 9810916537
arunima.adv@gmail.com
Chamber No. 358, Lawyers Chambers Block-1 Delhi High Court, New Delhi-110003
6. Sh. Raghavendra Pandey Legal Counsel 91-9999829991
91-9818110078
raghvendrapandey@gmail.com
advocaterahvendrapandey@gmail.com
raghwendra11@gmail.com
Residential Addrss: 50/4, M.C.D. Officer’s Flat, Banglow Road, Delhi-110007.
Office Address: 1/38, Ground floor, Roop Nagar, New Delhi-110007.
7. Sh. Ajit Sharma Legal Counsel 91-9910940004
ajit@jmsharma.com.
sharma.ajit@gmail.com
Chamber: 322, C.K. Daphtary , Chamber Block, Supreme Court of India, New Delhi-110001
8. Sh. Murari Tiwari Legal Counsel 9811125857
muraritiwari.adv@gmail.com
barcouncilofdelhi@rediffmail.com
Head Office: 2/6, Siri Fort Institutional Area, Khel Gaon Marg, New Delhi- 110 049
Branch Office:1-F, Lawyers Chambers, High Court of Delhi, New Delhi-110 003
9. Sh. Arjun Harkauli Legal Counsel 09818072418
arjunharkauli@gmail.com
B-104, Gulmohar Park, New Delhi-110049
10. Shri Abdus Sattar Legal Counsel 09213530134
Abdussattar_adv@yahoo.in
85-A/189-A, Street No. 4, Gaffar Manzil, Jamia Nagar, Okhla, New Delhi
Western Regional Committee-NCTE, Bhopal
S.No. Name of the Legal Counsel Name of Hon’ble High Court Mobile/Phone/Fax Number/ Email Address Address for correspondence
1. Shri K.K. Singh, Advocate High Court of Madhya Pradesh Principal Seat at Jabalpur 09424310220 (M)
0761-3201683 (O)
kksingh.2011@rediffmail.com
3053/A, Aditya Colony,
Adarsh Nagar, Narmada Road, Jabalpur- 482001 M.P.
2. Shri Ravindra Singh Chhabra, Advocate High Court of Madhya Pradesh Bench at Indore 09425053287 (M)
0731-3043132, (O)
0731-2527575 (F)
ravindrasingh.chhabra44@gmail.com
G-6,Mann Heritage,
6/2 , South Tukoganj, Near High Court, Indore – 452001
3. Shri Harish Dixit, Advocate High Court of Madhya Pradesh Bench at Gwalior 09893033046 (M)
0751-2233045
harishdixitadvocate@yahoo.com
C-10, Kailash Nagar,
Nearest New High Court,
City Centre, Gwalior – 474011
4. Shri Tapan Trivedi, Advocate High Court of Madhya Pradesh Bench at Gwalior 0751-4036045 (O)
09425116202 (M)
tapan_trivedi@rediffmail.comtapan1trivedi@gmail.com
Flat No. 710, Millennium Plaza, Govindpuri, Gwalior- 474001
5. Shri Udai Prakash Warunjikar, Advocate High Court of Judicature at Bombay Bench at Bombay 09820013742 (M)
022-22672880 (R)
udaywarunjikar@rediffmail.com
501/502/504, C wing Brahmasiddhi Co-Op Hsg Society, Next to Bhupesh Gupta Chavan Appasaheb Marathe Marg, Off. Sayani RD,Prabhadevi, Mumbai 400025
6. Shri Satyajeet Bora, Advocate High Court of Judicature at Bombay Bench at Aurangabad 9822047887 (M)
0240-2470121/2337779
satyajit.bora@rediffmail.com
“Green Park” Apartments, Behind Darling Hotel, Kranti Chowk, Nr. Kalash Mangal Karyalaya, Aurangabad-431005
7. Shri C. S. Kaptan, Advocate High Court of Judicature at Bombay Bench at Nagpur 09422107369 (M)cskaptan@yahoo.com Kaptan Wada, Chitnvispura, Mahal, Nagpur – 440032
8. Shri P.S.¬ Champaneri, Advocate High Court of Gujarat at Ahmedabad 09824079816 (M)
079-26841048
pschampaneri@gmail.com
42, New York Trade Centre, Near Thaltez Cross Road, S G Highway, Ahmedabad,
Gujarat – 380054.
Southern Regional Committee-NCTE, Bangalore
S.No. Name of the Legal Counsel Name of Hon’ble High Court Mobile/Phone/Fax Number/ Email Address Address for correspondence
1. Shri.K. Ramakanth Reddy High Court of Judicature at Hyderabad for the State of Telangana and Andhra Pradesh 040 – 2395088
040- 23395089 (F)
0986672228 (M)
rama3173@gmail.com
Shri. K. Ramakanth Reddy,
Standing Counsel ,
High Court of Andhra Pradesh
H.No.8-2-674/D/2/24,
Road No.13,Banjara Hills
Hyderabad – 500034
Andhra Pradesh
2. Shri.V.M.Kurian High Court of Kerala at Ernakulam 0484- 2390374
0484 – 2395631
0484 – 2398561(F)
09961491396 (M)
vmkurian@pnklaw.com info.pnklaw@gmail.com
Shri. V.M. Kurian
Advocate
Alfa Towers, I.S.Press Road,
Kochi-682018,
Kerala.
3. Shri. A. Sivaji, High Court of Madras Madurai Bench 09443343717 (M)
0452 – 2433344(F)
0452 – 2398561(R)
svenkatesh.03@gmail.com sivaji_advocate@yahoo.com
Shri. A. Sivaji,
Advocate, Madurai Bench
36, Law Chambers,
Hon’ble High Court of Madras,
Madurai-23
Tamilnadu
4. Shri.K.Ramakrishna Reddy High Court of Madras Chennai 044- 26281313
044- 26281314
09840055755 (M)
kramakrishnareddy@hotmail.com
Shri.K.Ramakrishna Reddy
Advocate
“Sri Nivas” U-89/A (New No.7)
3rd Main Road, Anna Nagar
Chennai – 600 040
Tamilnadu
5. Shri.A. Gopinathan High Court of Madras Chennai 044-24456263 (O)
044-25342110 (F)
09840671189 (M)
p_r_gopinathan2003@yahoo.com
Shri.A. Gopinathan
Flat No.1,Kandan Gardens,
No.37,Ponniamman Koil Street,
Kottur,
Chennai – 600085
Tamilnadu
6. S. Pramod N.Kathavi High Court of Karnataka Bangalore    
7. Shri. M.B. Kanavi High Court of Karnataka Dharwad Bench 09916017506 (M)
kanavimb@yahoo.in
Shri. M.B. Kanavi
Advocate & Central Govt.
Standing Counsel,
No.55/1, 2nd Cross,
Rajatagiri, DHARWAD-580004,
Karnataka.
Eastern Regional Committee-NCTE, Bhubaneswar
S.No. Name of the Legal Counsel Name of Hon’ble High Court Mobile/Phone/Fax Number/ Email Address Address for correspondence
1. Ms. Asha Gourisharia Gutgutia High Court of Calcutta 033-22425602, 22101790,
9831135807 (M)
ashagourisariagutgutia@yahoo.com
Ms. Asha Gourisharia Gutgutia, Advocate & Standing Counsel, High Court of Calcutta,
10, Kiran Shankar Roy Road, First Floor, Kolkata 700001, West Bengal
2. Shri S. N. Pathak High Court at Patna, Bihar 09431458119 (M)
pathak.snp2007@gmail.com
Shri S. N. Pathak, Advocate High Court, Patna & Standing Counsel, Govt. of India,
“SMRITI NIWAS” 187, MIG House Hanuman Nagar, Kankarbagh Patna-800020
3. Shri Prabhu Dayal Agarwala High Court of Jharkhand at Ranchi 0651-2560727,
9835112612 (M)
pda.rnc@gmail.com
Shri Prabhu Dayal Agarwala, Addl. S.C.C.G & Advocate, High Court of Jharkhand at Ranchi,
Bhagat Villa, Opp. State Bank Colony, Holy Cross School Road, Burdwan Compound, Ranchi-834001
4. Shri G.P. Bhoumik High Court at Guwahati, Assam 0364-2521905(O),
0364-2456446 (R)
9435112104 (M)
samratsaharoy@gmail.com
Shri G.P.Bhoumik, High Court, Guwahati,
Deb Butir Lane, G.S. Road Ulu Bari, Guwahati-781007
5. Shri S.S. Das High Court of Orissa at Cuttack 0671-2607810, 2422564, 9437511464 (M) Shri S.S. Das, Advocate, Orissa High Court,
At-Tarachandpata, Pithapur, Cuttack-753009, Orissa
Northern Regional Committee-NCTE. Jaipur
S.No. Name of the Legal Counsel Name of Hon’ble High Court Mobile/Phone/Fax Number/ Email Address Address for correspondence
1. Sh. Rajiv Joshi High Court of Allahabad 09415218815 (M)
aditjoshi06@yahoo.co.in
Sh. Rajiv Joshi,
16-B, Auckland Road, Near Bahuguna Market,
Allahabad
2. Smt. Rashmi Tripathi High Court of Allahabad 09935334687 (M)
tripathi099@gmail.com
Smt. Rashmi Tripathi,
493, K.L. Kydganj, Allahabad, Uttarpradesh
3. Shri Rizwan Ali Akhtar, High Court of Allahabad 09415028735 (M)
rizwanaliakhtar@gmail.com
Shri Rizwan Ali Akhtar,
Advocate High Court, Allahabad
Seat No. 52, Bar Association Building, 42 Dr. KanjuRoad, Allahabad, UP
4. Shri Mukund Madhava Asthana High Court of Allahabad at Lucknow 09415006291 (M)
mukund_vakil@yahoo.com
Shri Mukund Madhava Asthana, Advocate,
Dhanpat Bhawan, 8, Faizabad Road, Lucknow-226007
5. Shri Vinay Bhushan High Court of Allahabad at Lucknow 09838925958 (M) Shri Vinay Bhushan,
Advocate
C-2/38, Vineet Khand-2, Opp. Jaipuria School, Behind Post Office, Gomti Nagar, Lucknow
6. Sh. Kuldeep Mathur High Court of Rajasthan at Jodhpur 09414128720 (M)
advkuldeepmathur@gmail.com
Sh. Kuldeep Mathur, Advocate, 1023, “Panraj Bhawan”, 1st ‘E’ Road Behind Nehru Park, Sardarpura, Jodhpur 342001
7. Shri Shantanu Sharma High Court of Rajasthan at Jaipur 09828563551(M)
shantanusharma@hotmail.com
Shri Shantanu Sharma, Advocate
C-59, Siwar Area, Bapu Nagar,
Lal Kothi, Jaipur
8. Smt. Shweta Pareek High Court of Rajasthan at Jaipur 09314840084 (M)
shwetaparik@gmail.com
Smt. Shweta Pareek, Advocate
A-619 1st Floor, Near Banjara Craft
Vidhyut Nagar, Jaipur
9. Smt. Sumati Dave High Court of Rajasthan at Jaipur 09413965585 (M)
sumatibishnoi@yahoo.co.in
Smt. Sumati Dave, Advocate
K-28 Income Tax Colony, Tonk Road Durgapura, Jaipur.
New Lawyer’s Chamber No. 214, High Court Campus, Jaipur
10. Shri Vinod S Bhardwaz High Court of Punjab & Haryana at Chandigarh 09815764466 (M)
vidhichambers@yahoo.co.in
vinodsbhardwaj@yahoo.co.in
ajsharma2000@yahoo.com
Shri Vinod S Bhardwaz
SCO – 74, II floor,
Swastik Vihar,
Sector – V, Mansa Devi Complex, Punchkula
11. Shri Tanveer Alam Khan High Court of Uttarachal at Nanital 09412087556 (M)
Khantanveeralam1961@gmail.com
Shri Tanveer Alam Khan
Advocate,
Near Cantonment office,
Bhowali Road,

Tallital Nainital

12. Sh. Sudhir Singh, Advocate
Pushraj Bhawan,
Suchtal, Malital,
Nanital.
High Court of Uttarachal at Nanital 09412084858 (M)
09359632789 (M)
advocatesudhir@yahoo.co.in
Sh. Sudhir Singh, Advocate
Pushraj Bhawan,
Suchtal, Malital,
Nanital
13. Sh. Sanjeev Bhushan High Court of H.P at Shimla 0-9418040071(M)
0177-2653282(O)
sanjeevbhushan66@gmail.com
Sh. Sanjeev Bhushan, Advocate,
9, Daulat Ram Complex, Lakadh Bazar, Shimla.

Rules and Regulation (Norms and Procedure)

The Legal Section follows the legal guidelines framed for the purpose wherein the criteria and rules for appointment of the legal counsels in Supreme Court and various High Courts, assignment of cases to the counsels by the Competent Authority, guidelines for filing vakalatnama and filing the counter reply in the Courts and fee structure payable to the counsels etc. have been prescribed. A copy of the extant legal policy of NCTE is attached herewith as Appendix ‘A’.

Legal Policy (‘Appendix A’)

An approach paper cum guidelines in regard to the litigation matters of National Council For Teacher Education and its Regional Committees, a statutory body under the Ministry of Human Resource Development set up with a view to achieving planned and coordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith, have been framed as under:

  1. CATEGORY OF COURT CASES
    1. Important Matters: Cases where the judgement will affect the NCTE Act, Rules or any regulations and where any unfavorable decision may have serious consequences.
    2. Ordinary Matters: Cases where the petitioner has impleaded NCTE as one of the respondents and NCTE has only to furnish certain facts based on regulations to the Court.
    3. Performa Matters: Cases where NCTE is impleaded as one of the respondents, but no relief is sought from it.
  2. Eligibility, Appointment and empanelment of Legal Counsel for Hon’ble Supreme Court of India, various High Courts and other Lower Courts.
    A panel will be drawn by the NCTE(HQRs) for the legal counsels for Hon’ble Supreme Court of India and various High Courts and other courts as per criteria given below:
    1. Hon’ble Supreme Court of India:
      1. Appointing Authority : Appointment and removal of advocates will be made by NCTE(HQRs) with the approval of Chairperson, NCTE.
      2. Eligibility : The advocates should have a minimum of 5 years experience in handling the educational matters before the Supreme Court of India.
      3. Terms of appointment : The term of appointment of the Counsels would be for a period of one year and extendable on year to year basis from the date of appointment. The appointment of the Counsels may be terminated at any time by the appointing authority without assigning any reason.
    2. Hon’ble High Courts and other courts:
      1. Appointing Authority : Appointment and removal of advocates will be made by NCTE(HQRs) with the approval of Chairperson, NCTE. The Regional Directors have to recommend the names of advocates for various courts under their jurisdiction.
      2. Eligibility : Advocates should have a minimum of 3 years experience in handling the educational matters.
      3. Terms of appointment : The term of appointment of the Counsels would be for a period of one year and extendable on year to year basis from the date of appointment. The appointment of the Counsel may be terminated at any time by the appointing authority without assigning any reason.
  3. Engagement of Legal Counsels and assignment of cases for Hon’ble Supreme Court, various High Courts and other Lower Courts.
    1. Hon’ble Supreme Court of India: Engagement of advocates and assignment of the cases will be made by NCTE(HQRs) with the approval of Member Secretary, NCTE from the panel of advocates prepared for the purpose. For important cases, Senior Advocates will be engaged with the approval of Chairperson, NCTE.
    2. Hon’ble High Courts of India and other courts: : Engagement of advocates and assignment of the cases will be made by concerned Regional Directors out of the panel prepared by NCTE(HQRS)and ensure the equitable distribution of the cases. An advocate may be nominated in each court for receiving court notices/petitions on behalf of NCTE to avoid any ex-parte decisions on a monthly retainer-ship of Rs. 5000/-including charges for staff, office, rent and postage and other establishment charges except for his appearance etc.
      Note : For the cases defended by NCTE(HQRs) at Delhi/New Delhi, advocates will be engaged with the approval of Member Secretary, NCTE.
  4. Filing of Vakalatnama and Defending the cases on behalf of NCTE(HQRs) and Regional Committees.
    1. Cases where NCTE(HQRs) is a party along with concerned Regional Committees: Regional Director concerned will defend the case also on behalf of NCTE(HQRs) and file the Vakalatnama. Specific information will have to be obtained from the NCTE(HQRS) for filing the affidavit, if any. Information about the latest status of the case invariably be sent to NCTE(HQRs).
    2. Cases where Regional Committee is a party and NCTE(HQRs) is not a party: Regional Director concerned will defend the case and file the Vakalatnama. Specific information, if any, will have to be obtained from the NCTE(HQRs) for filing the affidavit, if any.
    3. Cases where NCTE(HQRs) is a party and Regional Committee is not a party: Regional Director concerned will defend the case on behalf of NCTE(HQRs) and file the Vakalatnama in the Courts under their jurisdiction. Specific information will be obtained from the NCTE(HQRS) for filing the affidavit, if any. For the cases at Delhi/New Delhi, NCTE(HQRs) will defend the same and file the Vakalatnama accordingly.
      Note: The cases pertaining to the service matters of the NCTE Staff before various Courts at New Delhi should be defended by NCTE(HQRs) after taking the required information from the concerned Regional Committee, if any.
  5. Filing of Appeals before Division Benches of Hon’ble High Courts and Hon’ble Supreme Court of India by NCTE and its Regional Committees:
    In cases where the directions are against the NCTE Rules, Regulations, Norms and Standards, an action shall be taken to file an appeal against such directions:
    1. For filing of Appeals against any decision of the lower Court before and upto the Division Bench of Hon’ble High Courts, approval of Member Secretary, NCTE is required.
    2. For filing of Appeals before Hon’ble Supreme Court of India, approval of Chairperson, NCTE is required.
  6. Payment of legal fees to the Counsels engaged.


    HON’BLE SUPREME COURT OF INDIA

     

    i) Senior Advocates

    As mutually settled

    ii) Other Advocatess

    (i) Appearance : Rs. 3000.00

    (ii) Final Appearance : Rs. 4500.00

    (iii) Preparation and filing of Counter Affidavit : Rs. 3000.00

    (iv) Preparation and filing of additional affidavit : Rs. 1000.00

    (v) Conference charges( per Conference/day) : Rs. 2000.00

    (vi) Misc. expenditures : As per actual

    (Photocopy, typing, court fee, attestation etc.)

    VARIOUS HIGH COURTS AND OTHER COURTS

    i) Senior Advocates

    As mutually settled

    ii) Other Advocatess

    (i) Per appearance : Rs. 2250.00

    (ii) Final Appearance : Rs. 3500.00

    iii) Preparation and filing of CA (High Courts) : Rs. 3000.00

    (iii) Preparation and filing of CA (Other Courts) : Rs. 2500.00

    (iv) Preparation and filing of Additional Affidavit : Rs. 1000.00

    (v) Conference charges( per Conference/day) : Rs. 1000.00

    (vi) Misc. expenditures : As per actual

    (Photocopy, typing, court fee, attestation etc.)

Legal Opinion

For legal opinion on various documents and other issues related to the NCTE an amount of maximum of Rs. 1500.00 will be paid for each of the opinions. In
exceptional cases, the fee for legal opinion tendered by a senior advocate will be as mutually agreed upon.

Out of Headquarters

If the Counsel is required to go out of the Headquarters in connection with the Court case, he will be entitled to the TA/DA as admissible to the Class-I
officer of the Govt. of India having grade pay of Rs. 7600-8900 (As per the acceptance of the report of Sixth Pay Commission)

CLERKAGE

The Counsel will not entitled to any clerkage on the amount of fee payable to him.

GENERAL

  1. Identical cases: Two or more cases where substantially identical questions of law of facts are involved and where the main difference is in the names, addresses of the parties concerned, amount of money involved etc. where the common or identical Judgement are delivered irrespective of the fact whether all the cases are heard together or not. The Counsel shall be paid the full fee in the main case and Rs. 250/- each of the connected case.
  2. No fee will be allowed in cases which were got adjourned by the Counsel without the directions from the NCTE or on his personal grounds.
  3. These rates will also be applicable to the lawyers engaged by Regional Offices of the NCTE. Only one set of fee will be entitled on behalf of all the parties involved from NCTE point of view or UOI if the Counsel asked to appear for the same by UOI, Ministry of Human Resource Development.
  4. If a senior advocate/lawyer of extra ordinary repute is engaged to defend/contest the case for the Council, his charges will be negotiated in advance and prior approval of the NCTE(HQRs) will be taken before such engagement.
  5. In any case if more than one lawyer is engaged in Supreme Court/High Court, in that case main lawyer will receive the charges as prescribed above and assisting lawyer will be paid @Rs. 3000.00 per appearance subject to a maximum of Rs. 10,000.00 per case.
  6. No Conference/Opinion charges will be paid if decision/meeting is held with lawyer in a matter related to on-going case in any of courts in which that lawyer is engaged as Counsel of NCTE. However, if he is called to NCTE Office for discussion/meeting/conference, he will be entitled to claim TA/DA as applicable to the officers of NCTE at the level of Deputy Secretary.
  7. A Counsel will have to right to private practice, which should not, however, interfere with the efficient discharge of his duties as a Counsel for the NCTE/Government of India. A Counsel shall not advise any party in or accept any case against the NCTE/Govt. of India in which he has appeared or is likely to be called upon to appear for or advise or which is likely to affect or lead to litigation against the NCTE/Govt. of India.