National Council for Teachers Education vs Association of NCTE Approved Colleges Trust

Headnote:(A) National Council for Teacher Education Act, 1993 - Sections 12(k), 19, 27, 31, 32 - Right of Children to Free and Compulsory Education Act, 2009 - Section 23 - Constitution of India - Article 21A - The NCTE Act empowers the Council under Section 12(k) to evolve suitable performance appraisal systems and mechanisms for enforcing accountability on recognised institutions - The Executive Committee under Section 19 is the executive arm to implement decisions of the Council - The Member Secretary, as part of the Executive Committee, is authorised to issue public notices giving effect to such decisions - The requirement to submit a Performance Appraisal Report (PAR) is a valid regulatory measure, traceable to Section 12(k) and incidental to the Council’s duty to achieve planned and coordinated development of teacher education. (Paras 12, 13, 21, 22)

(B) Judicial Review - Scope - When a High Court examines the exercise of power by a statutory regulator, the approach must be to see whether the functioning is in violation of any mandatory provision or transgresses the power vested - Courts cannot adopt a technical or pedantic view; they also have a positive duty to ensure that regulators exercise their powers effectively, efficiently and accountably. (Paras 10, 17, 24)

(C) Administrative Law - Accountability - Accountability comprises three essential dimensions: responsibility, answerability and enforceability - It ensures action against dereliction of duty and improves procedures and policies. (Para 23)

Facts of the case:
The National Council for Teacher Education (NCTE) issued a Public Notice dated 22.09.2019 requiring all Teacher Education Institutions (TEIs) to submit an annual Performance Appraisal Report (PAR) online and pay a prescribed fee, failing which action under Section 17(1) of the NCTE Act would be taken. The respondent association challenged the notice before the Delhi High Court. The Division Bench quashed the notice on the ground that the proforma for PAR had not been approved by the Council itself and that the Member Secretary lacked delegated authority. The NCTE appealed to the Supreme Court.

Findings of Court:
The Supreme Court held that the Public Notice was legal and valid. The Council, in its 48th General Body meeting, had approved the substitution of annual renewal of recognition with PAR and authorised the NCTE to proceed through a proforma to be developed. The Executive Committee, being the executive arm, implemented this through its Member Secretary. The power to call for PAR is clearly traceable to Section 12(k) of the NCTE Act and is also incidental and ancillary to the regulatory functions of the Council. The High Court erred by adopting a technical view and ignoring the larger mandate of the Act. The Court also noted that accountability of TEIs is essential for effective regulation.

Issues: The main issues were whether the Executive Committee and its Member Secretary had the authority to issue the Public Notice calling for PAR and whether the notice was in violation of the NCTE Act.

Ratio Decidendi: The NCTE and its Executive Committee have ample empowerment under Section 12(k) and incidental powers to require annual Performance Appraisal Reports from TEIs. The decision of the Council in its General Body meeting authorised the implementation through a proforma; the Executive Committee acted within its delegated functions. Courts must ensure that statutory regulators exercise their powers effectively and not adopt a pedantic approach that impairs regulatory jurisdiction. Result : Appeal allowed; judgment of the High Court set aside; no order as to costs.

Legal Category Hierarchy

1. Challenge to public notice requiring annual Performance Appraisal Report from Teacher Education Institutes — validity of regulatory power under NCTE Act. (Para 8 , 9 )

2. Dispute over whether Executive Committee could issue public notice — TEIs argued lack of delegation and Council approval. (Para 9 )

3. Appeal allowed — High Court judgment set aside — public notice requiring PAR held legal and valid. (Para 25 , 26 )

4. Does the National Council for Teacher Education have the power to require annual Performance Appraisal Reports from Teacher Education Institutes?

Yes, under Section 12(k) of the NCTE Act, the Council can evolve suitable performance appraisal systems; calling for PAR is incidental to its regulatory functions and can be enforced even without specific statutory empowerment. (Para 12 , 21 , 22 )

5. Can the Executive Committee issue a public notice implementing the Council's decision on Performance Appraisal Reports?

Yes, the Executive Committee is the executive arm authorised to implement Council decisions; the Member Secretary, acting on behalf of the Committee, validly issued the public notice. (Para 20 , 21 )

6. What is the proper approach for judicial review of actions by statutory regulators like NCTE?

Courts should not adopt a technical or pedantic view; they must ensure regulators exercise powers effectively and efficiently, and not restrain legitimate regulatory measures that are incidental to their functions. (Para 10 , 24 )

7. Is accountability an essential principle of administrative law in the context of teacher education regulation?

Yes, accountability comprises responsibility, answerability, and enforceability; regulators must ensure accountability of institutions through measures like Performance Appraisal Reports. (Para 23 )

JUDGMENT :

1. Leave granted.

2. Though free and compulsory elementary education to all children aged 6 to 14 years has now attained the status of an enforceable fundamental right, we have not bestowed on teacher education the attention that it deserves. Our former President, Dr. S. Radhakrishnan, whose birthday we celebrate as Teachers’ Day, also observed that, “Teachers have a great deal to do with the shaping of the minds and hearts of our youth. This is so obvious that it does not need repetition, but in spite of much repetition we do not seem to have a real understanding of the place of the teacher in the present context.”¹[Sarvepalli Radhakrishnan, President Radhakrishnan’s Speeches and Writings, May 1962–May 1964, “Universities and Teachers,” speech at the inauguration of Punjabi University, Patiala, 24 June 1962, Publications Division, Government of India, p. 184.]

2.1 In this appeal, we are concerned with the regulatory powers of the National Council for Teacher Education (NCTE) established to achieve planned and coordinated development of the teacher education system. Having noted that the interpretation adopted by the High Court while setting aside the action of the National Council for Teacher Education calling upon the Teacher Education Institutes (TEI) to submit annual Performance Appraisal Report (PAR) as illegal and arbitrary actually impairs its regulatory jurisdiction, we have allowed the appeal, and set aside the judgment of the High Court by declaring the correct position of law.

3. Teacher education has assumed greater importance after our Constitution formally recognized elementary education for all children of the age of 6 to 14 as a fundamental right under Article 21A of the Constitution.²[86th Constitutional Amendment Act, 2002.] Following the Constitutional mandate, Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009³[Article 21A. Right to education: The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.] (“RTE Act”). The RTE Act, under Section 23, recognizes the importance of qualified teachers for effective exercise of the right to education of children and therefore provides for an ‘academic authority’ to lay down the minimum qualifications. Section 23 is here for ready reference;

“Section 23. Qualifications for appointment and terms and conditions of service of teachers

(1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher.

(2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification:

Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years:

[Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 (24 of 2017).]”

The ‘academic authority’, contemplated under Section 23, is the National Council for Teacher Education (hereinafter referred to as the Council), established under the National Council for Teacher Education Act, 1993, (hereinafter referred to as the NCTE Act).

4. The development of a child, for that matter,

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2026 Supreme(SC) 1072

The NCTE and its Executive Committee have statutory and incidental power to require annual Performance Appraisal Reports from TEIs; judicial review must not impair regulatory effectiveness.

Legal Category Hierarchy

Table of Contents

4. Does the National Council for Teacher Education have the power to require annual Performance Appraisal Reports from Teacher Education Institutes?

5. Can the Executive Committee issue a public notice implementing the Council's decision on Performance Appraisal Reports?

6. What is the proper approach for judicial review of actions by statutory regulators like NCTE?

7. Is accountability an essential principle of administrative law in the context of teacher education regulation?

Judicial Analysis

2026 Supreme(SC) 1072

SUPREME COURT OF INDIAPamidighantam Sri Narasimha, Alok Aradhe, JJ.The National Council for Teachers Education – AppellantVersusAssociation of NCTE Approved Colleges Trust and Ors. – RespondentsCivil Appeal No. 12179 of 2026 (@ Special Leave Petition (C) No. 11756/2023)Decided On : 03-09-2026

The NCTE and its Executive Committee have statutory and incidental power to require annual Performance Appraisal Reports from TEIs; judicial review must not impair regulatory effectiveness.

Legal Category Hierarchy

Table of Contents

4. Does the National Council for Teacher Education have the power to require annual Performance Appraisal Reports from Teacher Education Institutes?

5. Can the Executive Committee issue a public notice implementing the Council's decision on Performance Appraisal Reports?

6. What is the proper approach for judicial review of actions by statutory regulators like NCTE?

7. Is accountability an essential principle of administrative law in the context of teacher education regulation?

Cases Referred (3)

Judicial Analysis