The Supreme Court has upheld the authority of the National Council for Teacher Education (NCTE) to require recognised Teacher Education Institutions (TEIs) to submit annual Performance Appraisal Reports (PAR). The division bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe said the requirement falls within the regulator’s statutory responsibility to maintain standards and enforce accountability in teacher education.
Background of the Case
The dispute arose from an NCTE Public Notice dated September 22, 2019, which required recognised teacher education institutions to submit PARs online. The notice also prescribed a process fee of Rs. 5,000 for government institutions and Rs. 15,000 for other institutions.
The institutions challenged the notice before the Delhi High Court, arguing that the Executive Committee and its Member Secretary lacked authority to introduce the PAR requirement in the manner adopted.
The Delhi High Court’s Division Bench accepted the challenge and set aside the notice, holding that there was no material showing that the PAR proforma had been properly evolved or approved by the NCTE.
The NCTE then approached the Supreme Court.
Supreme Court’s Observations
The Supreme Court disagreed with the High Court’s approach. It noted that the NCTE Act, 1993 specifically empowers the Council to “evolve suitable performance appraisal systems, norms and mechanisms for enforcing accountability on recognised institutions” under Section 12(k).
The Court further examined the minutes of the NCTE’s 48th General Body Meeting held on February 5, 2019. The Council had decided to replace the annual renewal requirement with PAR and authorised the NCTE to proceed through a proforma to be developed for that purpose.
The Bench observed:
“We are of the opinion that there is ample empowerment of the Council as well as the Executive Committee to call for annual Performance Appraisal Report from institutions imparting teacher education.”
The Court also held that even where a regulatory measure is not expressly mentioned in separate words in the statute, it can be incidental and ancillary to the regulator’s statutory functions.
Decision
The Supreme Court held that the September 22, 2019 Public Notice was legal and valid. It ruled that the NCTE and its Executive Committee were within their jurisdiction to require TEIs to upload PARs.
The Court accordingly allowed the appeal, set aside the Delhi High Court’s March 13, 2023 judgment in LPA No. 190 of 2021, and ordered that there would be no order as to costs.
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