Can a statutory regulator's power to call for a Performance Appraisal Report be incidental and ancillary to its duties without specific empowerment under the statute?

A regulatory measure can always be incidental and ancillary to the duties and functions of a regulator, even without a specific empowerment under the statute. The power of a statutory body such as the NCTE to call upon institutions within its regulatory jurisdiction to file a Performance Appraisal Report falls within this incidental power, particularly where the body itself is subject to a performance audit by the Comptroller and Auditor General of India.

National Council for Teacher Education Act, 1993 — s.12(k) — s.19 — Right of Children to Free and Compulsory Education Act, 2009 — s.23 — Performance Appraisal Report — Executive Committee's regulatory power — Judicial review of statutory regulators — National Council for Teacher Education Act, 1993 — s.12(k) — Executive Committee's power to call for PAR — Held: Section 12(k) of the National Council for Teacher Education Act, 1993 empowers the Council to evolve a performance appraisal system for recognised institutions. Once the Council deliberates and authorises a proforma, the Executive Committee may implement it through its Member Secretary. (¶21) National Council for Teacher Education Act, 1993 — Incidental and ancillary regulatory power — Held further: A regulatory measure can be incidental and ancillary to a regulator's duties and functions even without specific empowerment under the statute. The Executive Committee's Public Notice calling for the Performance Appraisal Report falls within this incidental power. (¶22) Judicial Review — Scope of review over statutory regulators — Held further: In judicial review of a statutory regulator's action, a High Court must examine only whether the authority acted in violation of a mandatory provision or transgressed its vested power. Courts cannot adopt a technical or a pedantic view of the regulator's action. (¶10, 24) National Council for Teacher Education Act, 1993 — Process fee as incidental regulatory power — Held further: The payment accompanying the Performance Appraisal Report is in the nature of a process fee, itself an incidental and ancillary regulatory power. The Public Notice was legal and valid; the appeal is allowed and the High Court's judgment is set aside. (¶25, 26)

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