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SC – NCTE regulatory powers to call Annual PAR from TEIs

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Regulatory powers of the NCTE for development of teacher education and calling upon the Teacher Education Institutes (TEI) to submit annual Performance Appraisal Report (PAR)

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)

Judgment dated 3.9.2026 of the Supreme Court in Special Leave Petition (Civil) No.11756 of 2023 of the National Council for Teachers Educatio  Vs.  Association of NCTE Approved college Trust and others

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 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.

from the minutes of the 48th 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 48th Meeting of the General Body held on 05.02.2019, the Council considered the issue of Performance Appraisal Report.

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.

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