The National Council For Teachers Education vs Association Of Ncte Approved Colleges Trust
- Court
- Supreme Court
2026 INSC 953
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. /2026
(@ SPECIAL LEAVE PETITION (C) NO. 11756/2023)
THE NATIONAL COUNCIL FOR TEACHERS
EDUCATION …APPELLANT(S)
VERSUS
ASSOCIATION OF NCTE APPROVED COLLEGES
TRUST AND ORS. …RESPONDENT(S)
J U D G M E N T
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
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seem to have a real understanding of the place of the teacher in the present
1
context .”
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
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age of 6 to 14 as a fundamental right under Article 21A of the Constitution.
Following the Constitutional mandate, Parliament enacted the Right of
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Children to Free and Compulsory Education Act, 2009 (“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
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 th
86 Constitutional Amendment Act, 2002.
3
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.
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for an ‘academic authority’ to lay down the minimum qualifications. Section
23 is here for ready reference;
“ . Qualifications for appointment and terms and
Section 23
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).
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4. The development of a child, for that matter, the life of a child is integrally
connected to the role of an elementary school teacher. In Dinesh Biwaji
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Ashtikar v. State of Maharashtra & Ors. , this Court declared that the real
consequence of identifying the right of elementary education as a
fundamental right is in the recognition of five duty bearers being; (i) the
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appropriate Government , (ii) the local authority , (iii) the neighbouring
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school , (iv) the parents/guardians , and (v) the elementary school
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teacher .
5. As regards the fifth duty bearer, the elementary school teacher, is
concerned, this Court in Dinesh Biwaji Ashtikar ( supra ) , also observed:
“ 7.5 The fifth duty bearer; is the elementary school teacher.
There is no human resource or value higher than
development of a student's mind and character. Therefore,
the elementary school teachers have the most important
role in nation building and as such, they have to be treated
with utmost respect and care. A society that does not take
care of its elementary school teachers is bound to fail in
securing the constitutional objective.”
6. In order to fasten these duty bearers with the obligation to ensure
quality education, we must add to the above, sixth and seventh duty bearers.
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The sixth being institutions recognised for imparting courses to educate
4
2026 SCC OnLine SC 56.
5
Section 6 of the RTE Act.
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Section 9 of the RTE Act.
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Section 12 of the RTE Act.
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Section 10 of the RTE Act.
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Section 24 of the RTE Act.
10
See under Section 2(e) of the NCTE Act
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and train teachers, the Teacher Education Institutions (TEI), as defined under
Section 2(e) of the NCTE Act. This obligates them to carry out programmes
of education, research and training of persons for equipping them to teach
pre-primary, primary, secondary and senior secondary stages in schools.
This obligation extends to imparting non-formal education, part-time
education, adult education and correspondence education. These
institutions have the obligation to seek recognition and abide by such
principles as are provided in Sections 14 to 17 of Chapter IV of the NCTE
Act.
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7. The seventh duty bearer must be the National Council for Teacher
Education. The Council is entrusted with the duty to achieve planned and
coordinated development of the teacher education system throughout the
country. The Council is also to ensure that the TEIs imparting teacher
education function effectively, efficiently and conduct their affairs with
integrity. We have no hesitation in declaring that the duties to be performed
by the Council and the bodies that are constituted along with it, such as the
Executive Committee and the Regional Committees, are perhaps the highest
of all the duty bearers.
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Section 3,12,19 & 20 of the National Council for Teacher Education Act, 1993.
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8. Short facts that are necessary for our adjudication are that the
proceedings before the High Court commenced with TEI’s assailing a “Public
Notice” dated 22.09.2019 issued by the Member Secretary of the Executive
Committee, the notice is as follows:
“PUBLIC NOTICE
1. The National Council for Teacher Education is a statutory
body that came into existence in pursuance of the National
Council for Teacher Education Act, 1993 (No. 73 of 1993)
on the 17" August, 1995 to achieve 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.
2. As part of one of the conditions of recognition, NCTE
insists on submission of a Performance Appraisal Report
annually which includes annual statement of accounts duly
audited by a Chartered Accountant. Similarly, in section
12(j) & (k) of the NCTE Act, 1993, the following is mandated
–
"(j) examine and review periodically the
implementation of the norms, guidelines and standards
laid down by the Council, and to suitably advise the
recognised institutions;
(k) evolve suitable performance appraisal system,
norms and mechanism for enforcing accountability on
recognised institutions; "
Furthermore, Section 17 of the NCTE Act, 1993 stipulates
as under:-
.
.
.
4. The Performance Appraisal Report (PAR) is now required
to be mandatorily submitted by all TEIs online on the
specially designed portal
http://ncte.gov.in/Website/PARsysten.aspx), PAR should be
submitted for the academic year 2018-2019 through online
method and make necessary payments as under:-
(i) Central and State Govt. institutions are required to
pay Rs 5000/- per institution, regardless of number of
courses being run.
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(ii) All other categories to pay Rs. 15000/- per
institution, regardless of number of courses being run.
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5. Timeline to submit the online PAR shall be from 23
st
September 2019 to 31 December 2019 (mid night).
6. Non-submission of PAR will attract action under section
17(1) of NCTE Act, 1993.
(Sanjay Awasthi)
Member Secretary”
9. The challenge to the Public Notice is inter alia on the ground that the
Council alone could have issued and implemented a notice of this nature. It
has also been contended, on the basis of the Minutes of Meeting of the
General Body of the Council, that there existed no empowerment of the
Executive Committee to issue such a Public Notice. Though the learned
Single Judge dismissed the writ petition, Division Bench of the High Court
allowed the appeals by holding;
“16. A perusal of the said agenda shows that it was
discussed in the meeting to insist on Performance Appraisal
Report and to put in place a system of Managing Information
System. The Council, after discussing the agenda,
approved the proposal of authorising the NCTE to proceed
in the matter through a proforma which was to be developed
by NCTE for this purpose. There is nothing to indicate that
the porforma, which has been uploaded with the notice
under challenge, was placed before the NCTE in any
meeting and has been approved by the NCTE. There is
nothing on record to show that the function of the
Council as laid down in Section 12(k) NCTE Act which
is to evolve suitable performance appraisal system, had
been delegated to the Member Secretary as per Section
This Court, at this moment, is not going
27 of the NCTE Act.
into the question as to whether the function of evolving a
suitable performance approval report could be delegated at
all or not. Be that as it may. The decision of the Council was
specific that the porforma was to be developed by the NCTE
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and had to be approved by the NCTE and there is nothing
on record to show that this process has been followed.
(…)
19. … In the absence of any material to show that the
proforma attached with the notice under challenge was
evolved or even approved by the NCTE. The notice
under challenge which necessitates on the Teacher
Education Institutions running NCTE recognized
Teacher Education Courses to file a Performance
Appraisal Report annually is unsustainable and,
therefore, the same is liable to be quashed as the same
This
is in violation of the provisions of the NCTE Act.
Court is not going into the second question as to whether
the amount of Rs.5,000/- which is to be submitted by the
Central and State Government Institutions and Rs.15,000/-
which is to be submitted by all other category of institutions
along with the Performance Appraisal Report is in the nature
of fee or in the nature of tax as the same is an academic
exercise for the present.”
(emphasis supplied)
10. We are not in agreement with the approach adopted by the High Court.
When a High Court is called upon to examine the exercise of power by a
statutory regulator, the approach must be to see whether the functioning of
the authority is in violation of any mandatory provision or that it has
transgressed the power that is vested in it. As the High Court was called
upon to exercise judicial review over the power exercised by the Member
Secretary, it is necessary to examine powers and duties in the context of the
larger mandate of the Act and the Council.
11. The NCTE Act was enacted in the year 1993, with a view to “ achieving
planned and co-ordinated development of the teacher education system
throughout the country, the regulation and proper maintenance of norms and
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standards in the teacher education system ”. Teacher Education, as
contemplated under the NCTE Act is defined in Section 2(l) as follows:
“ —In this Act, unless the context otherwise
2. Definitions.
requires,—
(l) means programmes of education,
“teacher education”
research or training of persons for equipping them to teach
at pre-primary, primary, secondary and senior secondary
stages in schools, and includes non-formal education, part-
time education, adult education and correspondence
education;”
12. The definition of teacher education transcends programmes of
education and research for training and equipping the teachers to teach pre-
primary, primary, secondary and senior secondary stages in schools. It also
contemplates acquiring the necessary training to impart life skills to children
through non-formal means of education. We have already noted that the
qualifications for appointment of elementary school teacher are to be
prescribed by the academic authority, which is the Council established under
the NCTE Act. The Council, established under Section 3 of the Act, is a body
corporate and thus has the primary duty under Section 12, “ to take all such
steps as it may think fit for ensuring planned and coordinated development
of teacher education and for determination and maintenance of standards of
teacher education ”. For this purpose, amongst other functions, the Council
is also empowered to, (i) conduct surveys [S.12(a)], (ii) give
recommendations to government universities for preparation of plans and
12
See Preamble of the NCTE Act.
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programs for teacher education [S.12(b)], (iii) coordinate and monitor teacher
education [S.12(c)], (iv) frame guidelines for minimum qualification, minimum
eligibility criteria for admission, selection for course [S. 12(e)], (v) lay down
guidelines for compliance by recognized institutions for starting new courses
[S.12(f)], (vi) evolve suitable performance appraisal systems to enforce
accountability [S.12(k)].
13. For enforcing and implementing its functions, the statute also
empowers the Central Government under Section 31 to make necessary
rules which inter alia enables the Council to issue rules to provide “ fees
payable on application for obtaining recognition under sub-section (2) of
Section 14 and for obtaining permission under sub-section (2) of Section 15. ”
The Act also empowers the Council to make regulations under Section 32.
14. Apart from the establishment of the Council, the Act also constitutes
bodies such as the Executive Committee under Section 19 and the Regional
Committee under Section 20. In contrast to the constitution of the Regional
Committee, which is to be constituted by way of a notification in the Official
Gazette, the Executive Committee does not require such a notification. The
same is constituted by the Council to discharge such functions as are
assigned to it. Section 19, which provides for the composition of the
Executive Committee, is reproduced for ready reference;
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.—(1) The Council shall
19. Executive Committee
constitute a Committee, called Executive Committee for
discharging such functions as may be assigned to it by the
Council or as may be determined by regulations.
(2) The Executive Committee shall consist of the following
members, namely:—
(a) the Chairperson;
(b) the Vice-Chairperson;
(c) the Member-Secretary;
(d) the Secretary to the Government of India in the
Department dealing with Education, ex officio;
...
(h) four experts in teacher education to be nominated by
the Central Government;
(i) four State representatives to be nominated by the
Central Government in such manner as may be
prescribed;
(j) the Chairpersons of the Regional Committees.
(3) The Chairperson and the Member-Secretary of the
Council shall respectively, function as the Chairperson and the
Member-Secretary of the Executive Committee.
15. The Executive Committee is the body which actually discharges the
functions of the Council. It is an important institution created by the statute,
and has the obligation to ensure that the purpose and object of the Act, i.e.
to achieve a planned and co-ordinated development of teacher education
system is implemented in its letter and spirit.
16. The RTE Act which was enacted in 2009 is integrally connected to the
NCTE Act passed in 1993. While RTE Act declares the positive right and
fastens certain responsibilities on certain duty bearers, the NCTE Act seeks
to institutionalise teacher education system through the institutions, the TEIs
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and the statutory regulators, the Council and the Executive Committee. The
significance of institutionalising the functioning of these duty bearers is not
difficult to conceive. If these institutions work effectively and efficiently, it is
but natural that the purpose and object of the legislation will be achieved in
a substantial measure. It is necessary to ensure that in the functioning of
these bodies, there is efficiency in administration, efficiency through
expertise, innovation through multi-disciplinary composition, integrity
through transparency and accountability, and finally, accountability itself
through regular review, audits and assessments.
17. The statutory framework in which regulators are constituted, their
duties and the functions as well as the necessity to ensure that they work
effectively and efficiently are important to be borne in mind before exercising
judicial review.
th
18. Returning to the facts, from the minutes of the 48 Meeting of the
General Body of the Council, it is to be noticed that the issue relating to
Annual Renewal of Recognition unfortunately got involved in continuous and
unending litigation initiated by various TEIs before the High Courts. In the
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48 Meeting of the General Body held on 05.02.2019, the Council
considered the issue of Performance Appraisal Report. The Minutes of
Meeting on Agenda no. 3 and the decision taken by the Council are extracted
herein for ready reference:
12
TH
“MINUTES OF THE 48 MEETING OF THE GENERAL
TH
BODY OF NCTE HELD ON 5 FEBRUARY, 2019
Agenda Item No. 3: Consideration of the Performance
Appraisal Report (PAR) Linked Renewal of
Recognition/Permission of TEIs.
th th
The Council in its 46 meeting held on 28 March 2017 vide
agenda item no. 10 approved the Annual Renewal of
Recognition of Teacher Education Institutions recognized by
NCTE. Before the decision could be implemented a large
number of TEIs filed court cases across the country in
various High Courts.
2. A study of the various petitions filed in Courts revealed
that a regime of annual renewal of recognition would not be
feasible. Accordingly, it is proposed to insist on Performance
Appraisal Report (PAR) at this stage to put in place a system
of Managing Information System (MIS), which was intended
th
with the Agenda Item No. 10, as placed before the 46 GB
Meeting. Accordingly, with same terms and conditions as
already approved, the “PAR” may be substituted for “Annual
Renewal of Recognition”. Proforma to be developed by
NCTE.
3. The PAR, being part of the condition of recognition, will
be insisted upon Course wise and with fees chargeable (as
th
already approved in 46 GB) accordingly.
4. The Council may consider the issue and accord its
approval.
Decision of the Council:
The agenda item was approved as proposed
authorising NCTE to proceed in the manner through a
proforma to be developed by NCTE for this purpose.”
19. It is evident from the above that while the issue relating to annual
renewal of recognition became litigious, the Council found it necessary to
insist on Performance Appraisal Report (PAR) to put in place a system of
managing information system. In this view, the Council deliberated on the
question and suitably modified the requirement of annual renewal
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recognition and called for a Performance Appraisal Report. Having
deliberated upon the issue, the Council finally arrived at a decision,
“ approved as proposed, authorising NCTE to proceed in the manner through
a proforma to be developed by NCTE for this purpose ”.
20. The Executive Committee, being the executive arm of the Council
authorised to implement the decision of the Council dated 05.02.2019,
through its Member Secretary, issued the Public Notice for implementing the
requirement of Performance Appraisal Report.
21. 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. To start with, such a
power is clearly traceable to Section 12(k) of the Act, whereunder the Council
could “evolve suitable performance appraisal system, norms and
mechanisms for enforcing accountability on recognised institutions” and in
exercise of such a function, the Council deliberated on the issue and
authorised Executive Committee to implement it through a formal proforma.
Thereafter, it is the duty of the Executive Committee to carry forward the
mandate of the Council. This is exactly what the Member Secretary did, when
he issued the Public Notice dated 22.09.2019 calling upon the institutions
running NCTE recognised courses to file Performance Appraisal Report.
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22. We fail to understand as to how a regulatory measure of a statutory
body, empowered to achieve planned and coordinated development of
teacher education system in the country could be restrained from calling
upon the TEIs to file Performance Appraisal Report. We are of the opinion
that even without a specific empowerment under the statute, such a
regulatory measure can always be incidental and ancillary to the duties and
functions of a regulator. As there is a performance audit of NCTE itself by the
Comptroller and Auditor General of India (CAG), it is but natural and
incidental that NCTE would require the stakeholders, over which it exercises
the regulatory jurisdiction, to provide the necessary Performance Appraisal
Report.
23. It is necessary for the Council and its bodies to ensure accountability
of educational institutions. Accountability in itself is an essential principle of
administrative law. Judicial review of administrative action undertaken by the
Council will only be effective and meaningful if accountability of Teacher
Education Institutes is ensured by it. Accountability has three essential
constituent dimensions: (i) responsibility, (ii) answerability and (iii)
enforceability. Responsibility requires identification of duties and
performance obligations of individuals and authorities. Answerability requires
reasoned decision-making and enforceability requires corrective action
against lack of responsibility and accountability. Accountability enables
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action against officials or institutions for dereliction of duty and also ensures
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that procedures and policies are improved upon.
24. Apart from the duty to ensure that the executive authority/statutory
bodies do not exercise powers that are not vested in them, Constitutional
courts also have a positive duty to ensure that Authorities, more particularly,
the regulators do exercise their powers effectively, efficiently and in an
accountable manner. In this context, Courts cannot adopt a technical or a
pedantic view of the action taken by the regulators.
25. The Public Notice, apart from requiring the Teacher Education
Institution to upload Performance Appraisal Report on the designated portal
also required the institutions to make certain payments. This payment is
really in the nature of process fee which is again an incidental and ancillary
power that the regulator must have. Though it was indicated to us that a
decision on the impugned Public Notice dated 22.09.2019 is unnecessary as
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subsequently, in the 53 meeting the procedural and technical problem was
rectified, we found it necessary to give our judgment on this issue as there
must be clarity about the power and functions that statutory regulators should
exercise. In conclusion, we hold that the Public Notice issued by the Member
Secretary of the Executive Committee is legal and valid and the Division
13
Vijay Rajmohan v. CBI ( 2023) 1 SCC 329.
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Bench of the High Court committed an error in setting aside the said Public
Notice. The Council as well as the Executive Committee is within its
jurisdiction to call TEIs to upload Performance Appraisal Report.
26. For the reasons stated above, we allow the appeal, set aside the
judgment and order passed by the High Court of Delhi in LPA No. 190 of
2021 dated 13.03.2023. There shall be no order as to costs.
………………………………....J.
[ PAMIDIGHANTAM SRI NARASIMHA ]
………………………………....J.
[ ALOK ARADHE ]
NEW DELHI;
SEPTEMBER 03, 2026
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