Judgment & Order (Oral)

HON’BLE MR. JUSTICE BISWAJIT PALIT

Heard Learned Counsel, Mr. A. Bhaumik appearing on behalf of the petitioners. Also heard Learned Addl. G.A., Mr. D. Sarma appearing on behalf of the State-respondents and Learned Counsel, Mr. M. Laskar appearing on behalf of respondent No.7.

02. At the time of hearing, Learned Counsel for the petitioners drawn the attention of this Court that this present case is squarely covered by the judgment delivered by this Court on 27.02.2026 in WP(C) No.242 of 2025 and WP(C) No.243 of 2025. To that Learned Addl. G.A. for the State respondents submitted that the respondent TRBT is willing to comply the judgment subject to verify of the past service rendered by the petitioners of those cases and further fairly submitted that they shall have no objection if judgment is passed in this case in the similar direction.

03. The present petitioners have filed the writ petition seeking the following reliefs:-

(i) Issue Notice upon the Respondents.

(ii) Call for the records.

(iii) Issue Rule calling upon the Respondent to show cause as to why clause 1(A) and 1(B) of the Prospectus-cum-Instruction for T-TET 2024 shall not be held to be illegal and quashed so far as it does not recognize the 18 months Diploma in Elementary Education conducted through NIOS in ODL mode within 31st March, 2019 as an eligibility criteria for T-TET 2024, Paper-I and Paper-II.

AND

Issue Rule Calling upon the Respondent to show cause as to why a writ of certiorari or any other appropriate writ shall not be issued for setting aside the rejection of candidature of the Petitioners at the time of scrutiny of documents during the process of T-TET 2024, Paper-I/Paper-II.

AND

Issue Rule Calling upon the Respondent to show cause as to why the 18 months Diploma in Elementary Education completed by the petitioner from National Institute of Open Schooling through ODL mode within 31st March, 2019 shall not be considered as valid diploma for the purpose of issuance of TET Certificate and appointment of teachers at elementary level.

AND

Issue Rule calling upon the Respondent to show cause as to why the writ of mandamus or any other appropriate writ shall not be issued mandating the Respondents to issue TET Certificate in favour of the Petitioners upon successfully completing Paper I/Paper-II of T-TET 2024 considering the 18 months Diploma in Elementary Education conducted from NIOS as valid diploma.

(iv) And after hearing the parties, be pleased to make the rule absolute.

AND

In the interim, be pleased to stay further process of issuance of TET Certificate for Paper-I and Paper-II of T-TET 2024 conducted by Respondent No.2 to 4 till disposal of the connected writ petition.

AND/OR

Pass any other order/orders may deemed fit and proper.

AND

For this act of kindness your humble Petitioners as in duty bound shall ever remain grateful.

04. It was the case of the petitioners that the Ministry of Human Resource Development Department, Government of India issued a letter dated 3rd August, 2017 providing last chance to untrained in-service elementary teachers to acquire requisite minimum professional qualification mandated by Right to Education Act, 2019 failing which such untrained teachers will be dismissed from service. By the said letter, the Government of India had provided that all States and Union Territories will be responsible for ensuring that all in-service untrained teachers of Government/Government aided/unaided private schools acquire the minimum professional qualification within 31st March, 2019 through the open and distance learning programme of NIOS and was mandatory for all in-service elementary level untrained teachers to undertake D.El.Ed programme only through ODL programme conducted by the NIOS. The said letter also indicated that it would be the last opportunity to in-service untrained elementary level teachers to acquire the minimum qualification failing which their service shall be terminated w.e.f. 1st April, 201