Case Note & Summary
The Supreme Court allowed an appeal by the National Council for Teacher Education (NCTE) against a High Court judgment that had quashed a Public Notice dated 22.09.2019 mandating submission of annual Performance Appraisal Reports by Teacher Education Institutions. The dispute arose after the Member Secretary of the NCTE Executive Committee issued the notice requiring all recognized Teacher Education Institutions to submit an online Performance Appraisal Report for the academic year 2018-2019, along with fees of Rs 5000 for Central and State Government institutions and Rs 15000 for other categories, failing which action would be taken under Section 17(1) of the NCTE Act. Teacher Education Institutions challenged the notice on grounds that the Council alone could issue such a notice and that the Executive Committee lacked empowerment. The learned Single Judge dismissed the writ petition, but the Division Bench allowed the appeals and quashed the notice after holding that the proforma had not been approved by the Council and there was no delegation under Section 27 of the NCTE Act. The Supreme Court disagreed with the High Court's approach. It emphasized that when a High Court reviews the exercise of power by a statutory regulator, it must examine whether the functioning violates any mandatory provision or transgresses the vested power, in the context of the larger statutory mandate. The Court noted that the NCTE Act was enacted to achieve planned and coordinated development of the teacher education system and that Section 12(j) and 12(k) empower the Council to examine and review implementation of norms and evolve suitable performance appraisal systems. The Court also referred to the constitutional mandate under Article 21A and the Right of Children to Free and Compulsory Education Act, 2009, which recognize qualified teachers as essential for the effective right to education. It reiterated the five duty bearers identified in Dinesh Biwaji Ashtikar and added Teacher Education Institutions as the sixth duty bearer and NCTE as the seventh duty bearer, with the highest duty to ensure teacher education functions effectively, efficiently, and with integrity. The Court held that the High Court's interpretation impaired NCTE's regulatory jurisdiction and set aside the High Court judgment, thereby restoring the Public Notice and affirming NCTE's power to mandate annual Performance Appraisal Reports.
Headnote
A) Education Law - Teacher Education Regulation - NCTE's Regulatory Jurisdiction - National Council for Teacher Education Act, 1993, Sections 12(j), 12(k), 17 - Public Notice dated 22.09.2019 required all Teacher Education Institutions to submit annual Performance Appraisal Report online and pay fees; High Court quashed the notice for lack of Council approval and absence of delegation to Member Secretary; Supreme Court held that the High Court's interpretation impaired NCTE's regulatory jurisdiction and allowed the appeal, setting aside the High Court judgment - Held that the notice was within NCTE's statutory powers and its quashing was erroneous (Paras 2.1, 8-10). B) Constitutional Law - Right to Education - Duty Bearers under RTE Act - Constitution of India, Article 21A; Right of Children to Free and Compulsory Education Act, 2009, Sections 6, 9, 10, 12, 23, 24 - Court reiterated the five duty bearers identified in Dinesh Biwaji Ashtikar and added sixth (Teacher Education Institutions) and seventh (National Council for Teacher Education) duty bearers; Teacher Education Institutions have obligation to seek recognition and abide by Sections 14 to 17 of NCTE Act; NCTE has highest duty to achieve planned and coordinated development of teacher education system - Held that these duty bearers ensure quality education and qualified teachers (Paras 4-7). C) Administrative Law - Judicial Review - Standard of Review of Statutory Regulator - National Council for Teacher Education Act, 1993 - When a High Court examines exercise of power by a statutory regulator, the approach must be to see whether the functioning violates any mandatory provision or transgresses vested power, in context of larger statutory mandate; High Court's approach of quashing notice for lack of formal approval was not in agreement with this standard - Held that judicial review must not impair regulatory jurisdiction (Paras 10-12). D) Statutory Interpretation - Definition of Teacher Education - Scope of Teacher Education - National Council for Teacher Education Act, 1993, Section 2(l) - Definition of teacher education includes programmes of education, research and training for pre-primary, primary, secondary and senior secondary stages, and non-formal, part-time, adult and correspondence education; qualifications for elementary school teachers are prescribed by NCTE as academic authority under RTE Act Section 23 - Held that this broad definition underpins NCTE's regulatory oversight (Paras 3, 11-12).
Issue of Consideration
Whether the High Court erred in quashing the Public Notice dated 22.09.2019 issued by the Member Secretary of NCTE requiring Teacher Education Institutions to submit annual Performance Appraisal Reports, including on grounds of lack of Council approval and absence of delegation under Section 27 of the NCTE Act, and whether the notice fell within NCTE's regulatory powers under the NCTE Act and RTE Act.
Final Decision
Appeal allowed; High Court judgment set aside; Public Notice dated 22.09.2019 held valid; NCTE's regulatory jurisdiction to mandate annual Performance Appraisal Reports affirmed.
Law Points
- Regulatory powers of statutory bodies must be interpreted in context of larger statutory mandate
- High Court judicial review limited to violation of mandatory provisions or transgression of power
- NCTE has statutory duty to evolve performance appraisal system under Section 12(k)
- Teacher Education Institutions are duty bearers under RTE Act
- Submission of Performance Appraisal Report is condition of recognition under NCTE Act
- Absence of formal delegation to Member Secretary does not invalidate notice falling within Council's statutory functions
