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B. R. GAVAI, AUGUSTINE GEORGE MASIH
Vishwanath – Appellant
Versus
State of Uttarakhand – Respondent
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?
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).
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, 20
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.
(1) A person, to be eligible for appointment as a teacher, must possess such minimum qualifications, as laid down by an academic authority, authorised by Central Government.(2) Government cannot amen....
The 18 months D. El. Ed. qualification through NIOS is valid for in-service teachers employed as of 10th August 2017, contrary to the High Court's ruling.
Court allows untrained primary teachers recruited in 2009 to pursue mandatory D.El.Ed. training while in service, relaxing eligibility criteria to prevent educational service disruption.
Court allows in-service primary teachers to pursue a D.El.Ed. course despite lacking required qualifications, emphasizing their rights under prior recruitment regulations and ensuring no service disr....
The court ruled that the retrospective application of new qualification requirements for teachers violates established rights, as teachers appointed before the changes cannot be penalized under newly....
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
The court established that qualifications recognized by the NCTE must be considered valid for teacher appointments, regardless of specific state rules.
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