2026 INSC 953 1

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

2

seem to have a real understanding of the place of the teacher in the present

context.”

1

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

Following the Constitutional mandate, Parliament enacted the Right of

Children to Free and Compulsory Education Act, 2009

3

(“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. 18 4.

2

86

th

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.

3

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 Coun cil 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

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

Ashtikar v. State of Maharashtra & Ors.

4

, 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

appropriate Government

5

, (ii) the local authority

6

, (iii) the neighbouring

school

7

, (iv) the parents/guardians

8

, and (v) the elementary school

teacher

9

.

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.

The sixth

10

being institutions recognised for imparting courses to educate

4

2026 SCC OnLine SC 56.

5

Section 6 of the RTE Act.

6

Section 9 of the RTE Act.

7

Section 12 of the RTE Act.

8

Section 10 of the RTE Act.

9

Section 24 of the RTE Act.

10

See under Section 2(e) of the NCTE Act

5

and train teacher s, 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.

7. The seventh

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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.

6

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.

5. Timeline to submit the online PAR shall be from 23

rd

September 2019 to 31

st

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

27 of the NCTE Act. This Court, at this moment, is not going

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

8

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

is in violation of the provisions of the NCTE Act. This

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

9

standards in the teacher education system”.

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Teacher Education, as

contemplated under the NCTE Act is defined in Section 2(l) as follows:

“2. Definitions.—In this Act, unless the context otherwise

requires,—

(l) “teacher education” means programmes of 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.

10

programs for teacher education [S.12(b)], (iii) coordinate and m onitor 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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19. Executive Committee.—(1) The Council shall

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.

18. Returning to the facts, from the minutes of the 48

th

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

48

th

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:

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“MINUTES OF THE 48

TH

MEETING OF THE GENERAL

BODY OF NCTE HELD ON 5

TH

FEBRUARY, 2019

Agenda Item No. 3: Consideration of the Performance

Appraisal Report (PAR) Linked Renewal of

Recognition/Permission of TEIs.

The Council in its 46

th

meeting held on 28

th

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

with the Agenda Item No. 10, as placed before the 46

th

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

already approved in 46

th

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 C ouncil 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 C ouncil

authorised to implement the decision of the C ouncil dated 05.02.2019,

through its Member Secretary, issued the Public Notice for implementing the

requirement of P erformance 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 a nnual 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

that procedures and policies are improved upon.

13

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

subsequently, in the 53

rd

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.

17

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