Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 03 September 2026

Case Overview

  • Parties: appellant – National Council for Teacher Education (NCTE); respondent – Association of NCTE Approved Colleges Trust and others.
  • Nature of Proceeding: Special Leave Petition (C) No. 11756/2023 filed against the Delhi High Court judgment (LPA No. 190 of 2021 dated 13 March 2023) that had set aside a public notice dated 22 September 2019 issued by the Member‑Secretary of the NCTE Executive Committee.
  • Background: The public notice required all Teacher Education Institutions (TEIs) recognised by NCTE to submit an annual Performance Appraisal Report (PAR) online, accompanied by a fee of Rs 5,000 per institution for Central/State government institutions and Rs 15,000 for all other categories. The notice also stipulated a submission window from 23 September 2019 to 31 December 2019.
  • Grounds of Challenge: Respondents argued that the Executive Committee lacked authority to issue the notice and that the proforma attached had not been approved by the Council, rendering the notice illegal, arbitrary, and the fee either a tax or an impermissible charge.
  • High Court Findings: The Division Bench held that the proforma was not approved by the Council, the notice was unsustainable, and therefore quashed it. The Court did not decide whether the fee constituted a tax.
  • Supreme Court Reasoning: The Court examined the statutory framework of the NCTE Act (1993). Section 12(k) empowers the Council to “evolve suitable performance appraisal system, norms and mechanisms for enforcing accountability on recognised institutions.” The Council, in its 48th General Body meeting on 5 February 2019, approved the substitution of annual renewal of recognition with a PAR requirement and authorised the Executive Committee to develop a proforma. The Executive Committee, as the executive arm, is empowered under Section 19 to implement Council decisions. Consequently, the Member‑Secretary’s public notice was within the statutory powers of the Council and its Executive Committee.
  • Key Statutory References Cited: NCTE Act sections 2(e), 2(l), 3, 12(k), 17, 19, 31, 32; Right of Children to Free and Compulsory Education Act, 2009, Section 23; relevant case law including Dinesh Biwaji Ashtikar v. State of Maharashtra and Vijay Rajmohan v. CBI.

Final Outcome

  • The Supreme Court allowed the appeal, set aside the Delhi High Court judgment dated 13 March 2023, and declared the 22 September 2019 public notice legal and valid.
  • No order as to costs was made.

Topics: Teacher Education Regulation, Performance Appraisal Report