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.

JUDGMENT :

B.R. GAVAI, J.

1. Interlocutory Applications No. 214706/2024, 2138/2025, 11267/2025, 11487/2025, 14658/2025, 20935/2025 and 40978/2025 are allowed.

2. Leave granted.

3. The appellants take exception to the final judgment and order dated 24th July 2024 passed by a Division Bench of the High Court at Calcutta in MAT 817 of 2024, whereby the Division Bench of the High Court dismissed the intra-court appeal filed by some of the appellants before this Court thereby affirming the judgment and order dated 29th February 2024 passed by a learned Single Judge of the High Court in W.P.A. No. 16118 of 2023.

4. The facts, in brief, giving rise to the present appeal are as under:

4.1 The Right of Children to Free and Compulsory Education Act, 2009 (hereinafter “RTE Act”) came into force on 1st April 2010. Section 23 of the RTE Act is concerned with the qualifications for appointment and terms and conditions of service of teachers. It is to be noted that sub-section (1) of Section 23 of the RTE Act provides that any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher. Pursuant thereto the Central Government has, by a Gazette Notification, authorized the National Council for Teacher Education (hereinafter “NCTE”) as the academic authority.

4.2 On 28th November 2014, the NCTE, in super-session of the previous regulations, prescribed the NCTE (Recognition, Norms and Procedure) Regulations, 2014 (hereinafter, “2014 NCTE Regulations”).

4.3 On 3rd August 2017, the Central Government through Ministry of Human Resource Development (MHRD), by way of a letter addressed to the Principal Secretary/Secretary Education of all States and Union Territories (UTs) apprised them that in terms of Section 23 of the RTE Act, the in-service untrained elementary teachers in the Government/Government Aided/Unaided-Private Schools are required to be trained. It was further informed that the period for such training is being extended to 31st March 2019 by way of an amendment to the RTE Act and that this will be the last chance to acquire the requisite minimum qualifications and that any untrained teacher would not be allowed to continue in-service beyond 1st April 2019. Thereafter, on 10th August 2017 the amendment to the RTE Act (Act No. 24 of 2017) was notified by way of a Gazette Notification.

4.4 On 22nd September 2017, the NCTE, after considering the recommendations of an Expert Committee, granted relaxation to certain provisions of the 2014 NCTE Regulations for ensuring compliance with the directions of the Central Government in terms of the letter dated 3rd August 2017. It is to be noted that the duration of the Diploma in Elementary Education (hereinafter “D.El.Ed.”) programme was reduced to 18 months instead of 2 years by including/subsuming the 6 months internship within the 18 months. It is further to be noted that the NCTE granted recognition/approval to National Institute of Open Schooling (hereinafter, “NIOS”) for conducting the 18 months D.El.Ed. programme through Online Distance Learning (hereinafter “ODL”) mode via the SWAYAM Portal of MHRD for training of such of the in-service untrained teachers by 31st March 2019.

4.5 It appears that the appellants, in terms of the aforesaid recognition order, completed their 18 months D.El.Ed. programme through NIOS.

4.6 On 29th September 2022, the West Bengal Board of Primary Education (hereinafter “WBBPE”) issued a notification for recruitment of qualified trained candidates to the posts of Assistant Teachers in Government Aided/Government Sponsored/Junior Basic Primary Schools.

4.7 On 6th July 2023, a set of candidates desirous of recruitment to the post of Assistant Teachers in terms of the notification dated 29th September 2022 filed a Writ Petition before the High Court at Calcutta. It was their specific averment that D.El.Ed. is a course of 2 years and that any candidate who