Teacher In-Service As On Aug 10, 2017 With 18-Month D.El.Ed. From NIOS Before Apr 1, 2019 'At Par' With 2-Yr Diploma Holder: SC

Dealing with the issue of eligibility for teacher recruitment process in West Bengal, the Supreme Court today held that any teacher who was in-service as on 10.08.2017 and who acquired the Diploma In Elementary Education (D. El. Ed.) qualification through National Institute of Open Schooling's (NIOS) 18-months programme prior to 01.04.2019 is a valid diploma holder and at par with a teacher who completed the 2 years D. El. Ed. programme.

"such of the teachers who were in employment as on 10th August 2017 and who completed the 18 months D. El. Ed. (ODL) programme through NIOS before 1st April 2019 shall be considered as valid diploma holders for the purpose of applying in other institutions and/or for promotional avenues", observed a bench of Justices BR Gavai and AG Masih.

Briefly put, the Court was dealing with an appeal filed by over 300 persons against a Calcutta High Court judgment which held that the 18-month diploma holders (obtained through distant learning mode) were not eligible for the 2022 teacher recruitment process in West Bengal.

As per the appellants, any teacher who was in-service as on 10.08.2017 and who had undertaken the 18-months D. El. Ed. programme through NIOS before 31.03.2019 was to be considered a valid diploma holder for the purpose of continuing in service, promotional avenues and for applying to other institutions. In this regard, reliance was placed on the Supreme Court's decision in Viswanath v. The State of Uttarakhand (2024).

The respondent-authorities, on the other hand, relied on Jaiveer Singh v. The State of Uttarakhand (2023) to plead that the 18 months D. El. Ed. programme through NIOS was only to bring in-service untrained teachers at par with the eligibility requirements. Therefore, appellants who completed an 18 months D. El. Ed. programme after the cut-off date of 31.03.2019 could not be treated at par with teachers who completed a 2-year D. El. Ed. programme.

Going through the contentions and cited decisions, the Supreme Court observed that in Jaiveer Singh, it was specifically observed that the NCTE Recognition Order dated 22.09.2017 (granting recognition to distant learning D. El. Ed. programme) was issued so as to provide a one-time window to teachers who were already working as on 10.08.2017 and who were required to acquire the minimum qualifications prior to 01.04.2019.

"Having availed of the one-time scheme, such of the teachers even though they only undertook the 18 months D. El. Ed. programme through NIOS they should be considered at par with a 2 years D. El. Ed., if they completed their 18 months programme through NIOS prior to 1st April 2019."

The bench of Justices Gavai and Masih made reference to another order passed by the Court, dated 10.12.2024, which disposed of certain review petitions and miscellaneous applications filed in connection with Jaiveer Singh. This order clarified that teachers who acquired the 18 months D. El. Ed. through NIOS and who were in employment as on 10.08.2017 would be treated as a valid diploma holder for the purpose of applying in other institutions or for promotional avenues. It further mentioned that the clarification would be effective from the date of pronouncement of the judgment in Jaiveer Singh (ie 28.11.2023). 

With regard to the decision of the Single Bench of the High Court (which was upheld by the Division Bench), it was opined that though reliance was placed on Jaiveer Singh, the bench came to the wrong conclusion inasmuch as it put a blanket ban on all teachers holding an 18 months D. El. Ed. through NIOS.

"the judgment of this Court in the case of Jaiveer Singh unequivocally held that the entire scheme emanating from the NCTE Recognition Order dated 22nd September 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 1st April 2019, they would not have continued to remain in service and would have faced dismissal from service."

In closing, the appeal was allowed and the impugned decisions of the High Court set aside. The respondent-authorities were directed to consider candidature of such appellants who were in-service as on 10.08.2017. On verification, those who are found to satisfy the eligibility criteria, shall be appointed within a period of 3 months, the Court further said.

Background

The appellants 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 dismissed the writ petition, relying on the Supreme Court's decision in Jaiveer Singh. In the said case, the Supreme Court held that the 18-month D.El.Ed. course offered by NIOS through an Open and Distance Learning (ODL) model could not be considered equivalent to the 2-year diploma stipulated by NCTE.

In its judgment, the High Court emphasized that the West Bengal Board of Primary Education could not contravene statutory provisions and notifications issued under the NCTE's authority. It 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 appellants approached the Supreme Court.

Appearance: Senior Advocates Gopal Sankaranarayanan and Vibha Datta Makhija (for appellants); Senior Advocates Jaideep Gupta (for respondent-authorities)

Case Title: KOUSIK DAS & ORS. VERSUS STATE OF WEST BENGAL & ORS., SLP(C) No. 19139 of 2024

Citation : 2025 LiveLaw (SC) 393

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