The National Council for Teacher Education has the authority to mandate Performance Appraisal Reports from recognized institutions, including fee requirements, under implied powers necessary for regulatory compliance and maintaining educational standards.

JUDGMENT

Jayant Nath, J. These writ petitions alongwith a batch of writ petitions raise common issues and questions of law. However, the facts as urged in W.P.(C) No.11304/2019 are narrated herein.

2. The said writ petition is filed by the petitioner seeking a writ of certiorari to quash the public notice dated 22.09.2019 issued by the respondent as the same is said to be unconstitutional being ultra vires Articles 14 and 19 of the Constitution of India and the National Council for Teacher Education Act, 1993 (hereinafter referred to as the `NCTE Act'). A writ is also sought to quash para 4 (clause ii) of the said public notice dated 22.09.2019 issued by the respondent to the extent it requires all the recognized private Teacher Training Institutes to pay Rs.15,000/- per annum as the same is said to be unconstitutional and ultra vires Articles 14, 19 and 265 of the Constitution of India and the NCTE Act.

3. It is stated that the petitioner is a trust formed and registered in 2015. Eleven colleges duly recognized by the respondent/National Council for Teacher Education (hereinafter referred to as the `NCTE') had formed the said trust to protect the rights and the interests of all NCTE approved colleges. There are said to be about 500 NCTE approved/recognized colleges throughout the country who are the members of the petitioner.

4. The respondent/NCTE is a statutory board under the NCTE Act. On 29.12.1993, Parliament had enacted the said NCTE Act to provide for establishment of NCTE with a view to achieve planned and co-ordinated development of teacher education system throughout the country.

5. Some relevant statutory provisions i.e. sections 3, 12, 14 and 17 of the NCTE Act are as follows:

"3. Establishment of the Council.-(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Council to be called the National Council for Teacher Education.

(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to contract and shall, by the said name, sue and be sued.

(3) The head office of the Council shall be at Delhi and the Council may, with the previous approval of the Central Government, establish regional offices at other places in India.

(4) The Council shall consist of the following Members, namely:

(a) a Chairperson to be appointed by the Central Government;

(b) a Vice-Chairperson to be appointed by the Central Government;

(c) a Member-Secretary to be appointed by the Central Government;

(d) the Secretary to the Government of India in the Department dealing with Education, ex officio;

(e) the Chairman, University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or a member thereof nominated by him, ex officio;

(f) the Director, National Council of Educational Research and Training, ex officio;

(g) the Director, National Institute of Educational Planning and Administration, ex officio;

(h) the Adviser (Education), Planning Commission, ex officio;

(i) the Chairman, Central Board of Secondary Education, ex officio;

(j) the Financial Adviser to the Government of India in the Department dealing with Education, ex officio;

(k) the Member-Secretary, All-India Council for Technical Education, ex officio;

(l) the Chairpersons of all Regional Committees, ex officio;

(m) thirteen persons possessing experience and knowledge in the field of education or teaching to be appointed by the Central Government as under, from amongst the-

(i) Deans of Faculties of Education and Professors of Education in Universities-Four;

(ii) experts in secondary teacher education-One;

(iii) experts in pre-primary and primary teacher education-Three

(iv) experts in non-formal education and adult education-Two;

(v) experts in the field of natural sciences, social sciences, linguistics, vocational education, work experience, educational technology and special education, b