In a groundbreaking decision on Monday, the Supreme Court overturned the Uttarakhand High Court’s verdict, declaring that the 18-month Diploma in Elementary Education (D.El.Ed.) obtained through Open and Distance Learning (ODL) mode from the National Institute of Open Schooling (NIOS) is not equivalent to a 2-year regular diploma. The bench, led by Justices BR Gavai and Prashant Kumar Mishra, criticized the High Court for its “total error” in equating the two diplomas.
The court referred to the precedent set in the case of Devender Bhaskar and Others v. State of Haryana and Others, emphasizing that courts should not determine the equivalence of prescribed qualifications.
Background of the Case
The dispute arose in February 2021 when the Department of Elementary Education in Uttarakhand revoked its prior order allowing candidates with the 18-month NIOS diploma to apply for Assistant Teacher positions. The High Court had earlier ruled in favor of the validity of the 18-month diploma for these posts, prompting appeals to the Supreme Court from candidates who had completed the 2-year diploma.
Examining the Legal Framework
The court delved into the legal framework, citing Section 23(1) and 23(2) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). It highlighted the power of the Central Government to relax minimum qualifications for teaching positions under certain circumstances. Additionally, the court discussed a 2017 Amendment Act that added a proviso to Section 23(2) with retrospective effect from April 1, 2015, requiring teachers without minimum qualifications to acquire them within four years.
The National Council for Teacher Education (NCTE), authorized by the Central Government, laid down minimum qualifications for teaching appointments. The 2012 Uttarakhand Government Elementary Education (Teacher) Service Rules stipulated a 2-year Diploma in Elementary Education as the minimum qualification.
The court noted that the 2017 amendment aimed to provide a one-time window for in-service teachers to obtain necessary qualifications before April 1, 2019. It highlighted a recognition order by NCTE in September 2017, reducing the course duration from 2 years to 18 months to accommodate the time gap between MHRD directives and the deadline.
Setting Aside the High Court Order
The Supreme Court rejected the High Court’s finding that the 18-month NIOS diploma is equivalent to a 2-year diploma. It emphasized that the NCTE recognition order did not direct Uttarakhand to act contrary to its 2012 Service Rules. The court concluded that the High Court had erred in its judgment, setting aside the order and allowing the appeals.
Case Details: JAIVEER SINGH V. STATE OF UTTARAKHAND, CIVIL APPEAL NOS. OF 2023, Arising out of SLP(C) Nos. 23583-84 of 2022
