1 day ago
Supreme Court Upholds NCTE Teacher Appraisal Notice
India’s top court considered whether teacher-training colleges must submit yearly reports about their performance.
The National Council for Teacher Education had asked them to provide these reports.
A lower court had earlier said the request was not lawful.
The Supreme Court disagreed and restored the notice.
It said the council and its Executive Committee have enough authority to ask for the reports.
The court explained that checking institutions helps make them responsible for the quality of teacher education.
It also said trained teachers are important for children’s right to education.
The decision recognizes teacher-training institutions and the education regulator as important duty-bearers in providing quality schooling.
The Supreme Court upheld the National Council for Teacher Education’s 2019 notice requiring teacher education institutions to submit annual Performance Appraisal Reports.
The ruling overturned a March 13, 2023 Delhi High Court decision that had declared the notice arbitrary and illegal.
The court held that both the NCTE and its Executive Committee were empowered to request the reports.
It said collecting appraisal reports is an incidental and ancillary regulatory function that supports accountability in teacher education.
The judgment linked teacher education oversight to the Right to Education Act’s emphasis on qualified teachers and quality elementary education.
- Who
- The Supreme Court, the National Council for Teacher Education, its Executive Committee, and teacher education institutions.
- What
- The Supreme Court upheld the NCTE’s public notice requiring annual Performance Appraisal Reports from teacher education institutions.
- Where
- India, in proceedings involving the Delhi High Court and the Supreme Court.
- When
- The ruling was delivered on a Thursday, two days before Teachers’ Day; the article does not specify the year of the ruling. The challenged notice was issued on September 22, 2019, and the Delhi High Court ruling came on March 13, 2023.
- Why
- The court said the reports support regulatory oversight and institutional accountability, and fall within the NCTE’s authority to develop and monitor teacher education.
Challenge to the Notice
Supreme Court’s Position
Authority to issue the notice
Challenge to the Notice
The challenge argued that only the NCTE Council, not its Executive Committee, could issue and implement the notice. The Delhi High Court accepted this challenge and declared the notice arbitrary and illegal.
Supreme Court’s Position
The Supreme Court held that both the Council and the Executive Committee had sufficient authority to require the reports.
Need for specific statutory authorization
Challenge to the Notice
The High Court’s decision treated the notice as lacking a valid legal basis.
Supreme Court’s Position
The Supreme Court said a regulator may adopt incidental and ancillary measures, even without specific statutory wording, when those measures support its assigned duties.
Purpose of performance reports
Challenge to the Notice
The challenge sought to prevent the NCTE from imposing the reporting requirement on teacher education institutions.
Supreme Court’s Position
The Supreme Court said the reports help ensure accountability and effective functioning of institutions responsible for educating and training teachers.
Key facts
- Notice date
- September 22, 2019
- Issuing authority
- Member Secretary of the NCTE Executive Committee
- Requirement
- Teacher Education Institutions must upload annual Performance Appraisal Reports
- High Court ruling
- On March 13, 2023, the Delhi High Court held the notice arbitrary and illegal
- Supreme Court outcome
- The High Court order was set aside and the notice was upheld
- Relevant legislation
- National Council for Teacher Education Act, 1993, and Right of Children to Free and Compulsory Education Act, 2009
- Accountability rationale
- The court said NCTE may require reports from institutions over which it exercises regulatory jurisdiction
Quotes
Supreme Court bench of Justices P S Narasimha and Alok Aradhe
The Supreme Court judges who delivered the ruling.
“In conclusion, we hold that the Public Notice issued by the Member Secretary of the Executive Committee is legal and valid and the Division Bench of the High Court committed an error in setting aside the said Public Notice.”
indianexpress.com
“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.”
indianexpress.com
Sources
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