Supreme Court Validates NCTE’s Demand for Performance Reports
In a significant ruling, the Supreme Court of India has affirmed the National Council for Teacher Education (NCTE)’s authority to require Teacher Education Institutes (TEIs) to submit annual Performance Appraisal Reports (PARs). This decision came in the case of The National Council For Teachers Education v Association of NCTE Approved College Trust and Ors, and was delivered by a bench comprising Justices PS Narasimha and Alok Aradhe.
The judgment reversed a previous Delhi High Court verdict from 2023, which had nullified a 2019 notice mandating the submission of PARs by TEIs. The High Court had previously sided with the TEIs, who argued that the NCTE’s executive committee acted beyond its powers by instituting this requirement without the approval of the general body.
Court Recognizes NCTE’s Regulatory Mandate
The Supreme Court clarified that during its 48th general body meeting, NCTE decided to replace the prior “Annual Renewal of Recognition” with the new PAR system. This change was to be implemented through a proforma designed by the NCTE itself. Consequently, the executive committee was merely executing an already approved mandate when it issued the notice in 2019.
“We fail to understand as to how a regulatory measure of a statutory body, empowered to achieve the planned and coordinated development of the teacher education system in the country, could be restrained from calling upon the TEIs to file Performance Appraisal Reports,” remarked the bench.
Regulatory Powers and Judicial Overreach
The ruling, delivered on September 3, emphasized that regulatory measures do not necessarily require explicit statutory backing. The Court opined that such measures can be incidental and ancillary to the regulator’s responsibilities. Furthermore, it identified TEIs and the NCTE as integral “duty bearers” under the right to education framework, highlighting the importance of their roles alongside other educational stakeholders.
The judgment also warned against judicial overreach in regulatory matters, noting that courts must ensure regulators exercise their powers effectively and responsibly. “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,” the Court noted.
This decision underscores the Supreme Court’s support for the NCTE’s efforts to enhance the quality and accountability of teacher education in India.
