Right of Children to Free and Compulsory Education Act, 2009 – s.23 – NCTE (Recognition, Norms and Procedure) Regulations, 2014 – A notification dated 29.09.2022 was issued by the WBBPE for the recruitment of qualified trained candidates to the posts of Assistant Teachers in Government Aided/Government Sponsored/Junior Basic Primary Schools – On 06.07.2023, a Writ Petition came to be filed before the High Court with a prayer that the High Court direct the respondent-authorities to give preference to such of the candidates who have completed their D.El.Ed. programme over a period of 2 years from recognized institutions over those candidates who have obtained their D.El.Ed. through the 18 months programme by NIOS – The Single Judge of the High Court directed the WBBPE to not recruit any teachers holding D.El.Ed. issued by NIOS under ODL mode i.e., the 18 months course from the recruitment process of the year 2022 onwards – The Division Bench of the High Court dismissed the intra-court appeal – Correctness:
Held: Though the Single Judge of the High Court placed reliance on paragraph 56 of the judgment of this Court in the case of Jaiveer Singh it came to the wrong conclusion inasmuch as it put a blanket ban on all teachers holding an 18 months D.El.Ed. through NIOS – It is clear that the judgment of this Court in the case of Jaiveer Singh unequivocally held that the entire scheme emanating from the NCTE Recognition Order dated 22.09.2017 was for the purpose of providing a window to the in-service teachers inasmuch as unless they would have acquired requisite qualifications prior to 01.04.2019, they would not have continued to remain in service and would have faced dismissal from service – As such, any teacher who was inservice as on 10.08.2017 and who acquired the qualification of D.El.Ed. by way of the 18 months programme through NIOS prior to 01.04.2019 is a valid diploma holder and at par with any other teacher who has completed the
2 years D.El. Ed. Programme – Also, by order dated 10.12.2024 in batch of Review Petitions and Miscellaneous applications filed in case of Jaiveer Singh, this Court clarified that the 18 months diploma obtained by such persons, who were in employment as on 10.08.2017 and who have completed the diploma course of 18 months, would be treated as valid diploma holders for the purpose of applying in other institutions or for promotional avenues – Thereafter, again on 05.03.2025, this Court faced with a similar situation in IA No.37419 of 2025 in T.P. (C)No. 42-43 of 2025 titled as Viswanath v. The State of Uttrakhand & Ors. held that such of the teachers who were in employment as on 10.08.2017 and who had undertaken the 18 months D.El.Ed. through NIOS would be treated as valid diploma holders for the purposes of applying to other institutions or for promotional avenues – Therefore, in light of the judgment of this Court in the case of Jaiveer Singh so also the order dated 10.12.2024 in the case of Viswanath, the impugned judgment and order of the High Court is not sustainable. [Paras 32, 33, 36, 38, 39]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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