1. Eligibility of candidates holding 18-month D.El.Ed. diploma via ODL mode for appointment as Assistant Teachers under the RTE Act and State education rules. (Para 1 , 3 , 4 , 5 , 6 , 7 )
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2025 Supreme(SC) 503
SUPREME COURT OF INDIA
B.R. GAVAI, AUGUSTINE GEORGE MASIH, JJ.
Vishwanath – Petitioner
VERSUS
The State of Uttarakhand And Others – Respondent
Transfer Petition (C) Nos. 42-43 of 2025 With IA No. 37419 of 2025 in
Transfer Petition (C) Nos. 42-43 of 2025
Decided On : 05-03-2025
Advocates appeared:
For the Petitioner(s): Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Mandeep Kalra, AOR Mr. Vaibhav Yadav, Adv. Ms. Anushna Satapathy, Adv. Ms. Radhika Jalan, Adv. Mr. Yashas J, Adv. Ms. Widaphi Lyngdoh, Adv. Ms. Anchita Nayyar, Adv. Ms. Shefali Tripathi, Adv. Mr. Tushar Shrivastava, Adv. Mr. Shourya Dasgupta, Adv.
For the Respondent(s): Ms. Vanshaja Shukla, AOR Ms. Ankeeta Appanna, Adv. Mr. Ajay Bahuguna, Adv. Mr. Arun Kumar, Adv. Mr. Abhinav Kumar, Adv.
For the Petitioner(s): Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Mandeep Kalra, AOR Mr. Vaibhav Yadav, Adv. Ms. Anushna Satapathy, Adv. Ms. Radhika Jalan, Adv. Mr. Yashas J, Adv. Ms. Widaphi Lyngdoh, Adv. Ms. Anchita Nayyar, Adv. Ms. Shefali Tripathi, Adv. Mr. Tushar Shrivastava, Adv. Mr. Shourya Dasgupta, Adv.
For the Respondent(s): Ms. Vanshaja Shukla, AOR Ms. Ankeeta Appanna, Adv. Mr. Ajay Bahuguna, Adv. Mr. Arun Kumar, Adv. Mr. Abhinav Kumar, Adv.
The court affirmed that teachers with an 18 months D.El.Ed. qualification from NIOS are eligible for recruitment, clarifying their status under the One Time Scheme for employment opportunities.
Headnote:(A) Right of Children to Free and Compulsory Education Act, 2009 - Section 23(2) - Amendment Act, 2017 - Eligibility of teachers with 18 months D.El.Ed. qualification from NIOS to participate in recruitment process - The court directed the State Government to consider the claim of applicants holding the 18 months D.El.Ed. qualification for appointment to vacant posts, clarifying that such qualifications are valid for applying in other institutions. (Paras 23, 24)
(B) One Time Scheme - The court upheld the validity of the 2012 Rules while clarifying that teachers employed as of 10th August 2017 who completed the 18 months diploma would be treated as valid diploma holders for promotional avenues. (Paras 10, 20)
Facts of the case:
The applicants, holding an 18 months D.El.Ed. qualification, sought to participate in the recruitment process for Assistant Teachers in Uttarakhand. The State initially allowed this but later withdrew the permission, leading to legal challenges. The High Court ruled in favor of the applicants, which was subsequently appealed. (Paras 1, 6, 8)
Findings of Court:
The court found that the applicants are eligible under the clarified provisions and directed the State to consider their claims without reopening the selection process already completed. (Paras 23, 24)
Issues: The main issues included the eligibility of the 18 months D.El.Ed. qualification for recruitment and the implications of the 2012 Rules upheld by the court. (Paras 9, 19)
Ratio Decidendi: The court reasoned that the 18 months diploma is valid for teachers employed as of 10th August 2017, ensuring they can apply for other positions without affecting the finalized selection process. (Paras 20, 22)
Result: The application is disposed of with directions to the State Government to consider the applicants' claims.
Judgement Key Points
Key Points: - (!) The Court affirmed that teachers with an 18-month D.El.Ed. qualification from NIOS are eligible to participate in recruitment and/or apply in other institutions, under the One Time Scheme (Paras 10-12, 14, 20-22). - (!) The Court clarified that the 18-month diploma obtained by in-service teachers as on 10 August 2017 would be treated as a valid diploma for promotions or applying to other institutions, but not as equivalent to a two-year D.El.Ed. (Paras 10, 11, 14). - (!) The State Government must consider the applicants’ claims for appointment in accordance with the December 10, 2024 clarification, and if eligible, appoint them within three months, without reopening completed selections (Paras 23-24). - (!) The One Time Scheme was upheld for safeguarding the interests of teachers employed as on 10 August 2017; it provides a one-time opportunity to acquire the required qualification (Paras 10-12). - (!) The 2012 Rules requiring a two-year diploma or equivalent remain valid for general eligibility, but the Court allowed eligibility under the One Time Scheme for those covered by the clarification (Paras 9, 19-21). - (!) The Court directed that the grievance of the applicants is satisfied as per the clarifications and disposed of the writ petitions accordingly (Paras 23-25).
Question 1?
How to determine the eligibility of teachers with 18 months D.El.Ed. (NIOS, ODL) for recruitment under the RTE Act and One Time Scheme?
Question 2?
What is the effect of the 2012 Rules vs. the One Time Scheme on in-service teachers as of 10 August 2017, and how should State Governments reconcile advertisements_post-judgment?
Question 3?
What are the directions issued by the Court regarding consideration and appointment of the applicants without reopening already completed selections?
Legal Category Hierarchy
Table of Contents
2. Applicants seek appointment based on judicial clarification; State contends the 2012 Rules require a two-year diploma and the selection process is nearly complete. (Para 15 , 16 , 17 , 18 , 19 )
3. The 18-month diploma was a one-time scheme for in-service teachers, and subsequent clarification extends its validity to other institutions, including State-run schools. (Para 10 , 11 , 13 , 14 , 20 , 21 , 22 )
4. Teachers employed as of 10.08.2017 holding an 18-month NIOS diploma are valid diploma holders for applying to other institutions or promotional avenues. (Para 14 , 20 , 21 )
5. State directed to consider eligible applicants' claims within three months without reopening the selection process that has already reached finality. (Para 23 , 24 )
6. Is the 18-month D.El.Ed. diploma from NIOS equivalent to a two-year diploma for general recruitment?
No. The 18-month course was a one-time opportunity specifically for in-service teachers to meet RTE Act deadlines and is not equivalent to the requisite two-year diploma. (Para 10 , 11 )
7. For whom is the 18-month NIOS diploma considered a valid qualification for other employment or promotion?
It is valid for persons who were in employment as of 10.08.2017 and who have completed the diploma course of 18 months. (Para 14 , 20 )
8. Does the validity of the 18-month diploma for other institutions include State Government schools?
Yes, the court clarified that the term other institutions includes schools run by the State Governments. (Para 21 )
JUDGMENT
B.R. GAVAI, J.
IA No. 37419 of 2025 in T.P.(C) NOS. 42-43 OF 2025
1. By way of this application, the applicants have approached this Court for a direction on the respondent to permit the applicants who are holding the 18 months D.El.Ed. qualification from the National Institute of Open Schooling (NIOS) under the Open and Distance Learning (ODL) mode to participate in the ongoing counselling process and to subsequently be appointed to the vacant posts in the ongoing recruitment.
2. The case has a chequered history.
3. In 2017, an amendment had been carried out to the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as “RTE Act”) vide which clause (2) was inserted in Section 23 of the said Act. The Right to Free and Compulsory Education (Amendment) Act, 2017 was made retrospectively applicable from 31st March 2015. It was provided that every teacher who had been appointed or was in service as on 31st March 2015 but did not possess the minimum qualifications of two years as laid down under sub- section (1) of Section 23 would acquire such minimum qualifications within a period of four years from the date of commencement of the Amendment Act, 2017.
4. In view of the provisions of the second proviso to sub- section (2) of Section 23 of the RTE Act, Ministry of Human Resource Development (MHRD) had issued a letter on 3rd August 2017 to all the Secretaries of States and Union Territories directing that all the teachers in Government Schools must possess minimum qualifications as mandated under the RTE Act and a last chance was being given to all such teachers to acquire minimum qualifications till 31st March 2019. Failure to acquire the said qualification within the stipulated period would result in dismissal from service.
5. Since the time gap between 31st March 2015 as provided in the 2017 Amendment Act and 31st March 2019 as specified in the direction issued by the MHRD was 18 months, the NCTE issued a recognition order dated 22nd September 2017 for conducting D.El.Ed. programme through ODL mode by NIOS through the SWAYAM portal of MHRD for in-service untrained teachers at elementary level working in Government, Government Unaided and Unaided Private Schools. The said recognition order also reduced duration of diploma from 2 years to 18 months.
6. Subsequently, the State of Uttarakhand issued district- wise advertisements for the post of Assistant Teachers in Primary Schools in accordance with the Uttarakhand Government Elementary Education (Teacher) Service Rules, 2012 (for short, “2012 Rules”) framed by the Government of Uttarakhand which provided that for being eligible to be appointed as teachers, it was necessary to have a diploma course of two years or equivalent.
7. Initially, on 15th January 2021, the Secretary, Government of Uttarakhand issued a letter to the Director, Elementary Education, Uttarakhand to permit such candidates who passed 18 months D.El.Ed. diploma of NIOS through ODL Mode to apply for the post of Assistant Teachers (Primary) against vacancies issued through the aforementioned district-wise advertisements. This was done in compliance with the letter dated 6th January 2021 issued by the NCTE to the Chief Secretaries to all the States and Union Territories requesting them to consider all those candidates who had completed D.El.Ed. course of NIOS through ODL Mode. However, shortly thereafter, upon realizing that the 2012 Rules did not recognize the 18 months D.El.Ed. diploma through ODL Mode from NIOS as a minimum qualification for eligibility, the Government of Uttarakhand issued another communication dated 10th February 2021 whereby its earlier letter dated 15th January 2021 was withdrawn.
8. The aforesaid communication dated 10th February 2021 was challenged in a bunch of writ petitions before the High Court of Uttarakhand at Nainital. On 14th September 2022, the High Court held that the 18 months D.El.Ed. training/diploma conducted through the ODL Mode by NIOS cannot b
