Is 18-Month D.El.Ed. Obtained Through Distance Learning Equivalent To NCTE-Mandated 2-Year Diploma? Supreme Court To Decide

The Supreme Court will decide the issue of whether a Diploma in Elementary Education (D.El.Ed.) obtained through an 18-month distance learning program is equivalent to a two-year diploma course, as prescribed by the National Council for Teacher Education (NCTE).

A bench of Justice Hrishikesh Roy and Justice SVN Bhatti issued notice in an appeal filed by over 300 persons against a Calcutta High Court judgment that held that the 18-month diploma holders were not eligible for the 2022 teacher recruitment process in West Bengal.

“The counsel would submit that the key issue in this case is whether the Diploma in Elementary Education through distance learning, for a period of 18 months, is equivalent to a 2 year Diploma Course, as prescribed by the NCT. This is also the issue in the transfer petitions filed by others”, the Court observed.

The Court, noting that this question of equivalency has also been raised by others, tagged the present case with another set of cases pending before the Court.

Background

The petitioners initially approached the High Court challenging the exclusion of candidates holding the 18-month D.El.Ed. diploma from the teacher recruitment process in West Bengal.

A Single Judge of the High Court had dismissed the writ petition, relying on the Supreme Court's decision in Jaiveer Singh & Ors. v. State of Uttarakhand & Ors.

In the Jaiveer Singh case, the Supreme Court held that the 18-month D.El.Ed. course offered by the National Institute of Open Schooling (NIOS) through an Open and Distance Learning (ODL) model could not be considered equivalent to the two-year diploma stipulated by the NCTE.

In its judgment, the HC emphasized that the West Bengal Board of Primary Education could not contravene statutory provisions and notifications issued under the NCTE's authority. The Court ruled that the 18-month diploma holders were not eligible for the 2022 teacher recruitment process in West Bengal. The Court also noted that the interpretation of academic years and sessions must align with the statutory regulations, rejecting the petitioners' argument that two academic sessions could be considered equivalent to two academic years.

The High Court reiterated that the NCTE's regulations, which require a two-year diploma, must be adhered to, and any deviation through executive instructions or interpretative processes would be impermissible. The High Court concluded that it could not depart from the Supreme Court's interpretation of the NCTE regulations.

Thus, the petitioners approached the Supreme Court.

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Case no. – Special Leave Petition (Civil) Diary No. 35001/2024

Case Title – Kousik Das & Ors. v. State of West Bengal & Ors.