In a significant ruling, the Supreme Court of India has held that teachers who were in-service as on August 10, 2017, and completed the 18-month Diploma in Elementary Education (D.El.Ed.) from the National Institute of Open Schooling (NIOS) before April 1, 2019, must be treated at par with those holding a 2-year diploma. The decision came in response to an appeal against a Calcutta High Court judgment that had disqualified such teachers from West Bengal’s 2022 recruitment process.
"Such of the teachers who were in employment as on 10th August 2017 and who completed the 18 months D.El.Ed. (ODL) programme through NIOS before 1st April 2019 shall be considered as valid diploma holders for the purpose of applying in other institutions and/or for promotional avenues."
– Supreme Court Bench of Justices B.R. Gavai and A.G. Masih
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Background of the Case
The dispute arose when the West Bengal Board of Primary Education (WBBPE) excluded candidates with an 18-month D.El.Ed. from NIOS from the 2022 teacher recruitment process, stating that only a 2-year diploma was valid. Aggrieved candidates approached the Calcutta High Court, which upheld the exclusion, relying on the Supreme Court’s earlier judgment in Jaiveer Singh v. State of Uttarakhand (2023).
However, the Supreme Court clarified that the 18-month diploma was introduced as a one-time measure under the NCTE Recognition Order (2017) to help in-service teachers meet the Right to Education (RTE) Act’s requirements before the April 1, 2019 deadline.
One-Time Relaxation for In-Service Teachers
- The NCTE (National Council for Teacher Education) had reduced the D.El.Ed. duration from 2 years to 18 months exclusively for untrained teachers already in service as of August 10, 2017.
- This relaxation was meant to ensure they could retain their jobs by obtaining the mandatory qualification before the March 31, 2019 deadline.
No Equivalence for Fresh Candidates
- The Court clarified that the 18-month diploma was not equivalent to a 2-year course for fresh recruits.
- It was only valid for in-service teachers who completed it before April 1, 2019.
High Court’s Error in Interpretation
- The Calcutta High Court had imposed a blanket ban on all 18-month diploma holders.
- The Supreme Court corrected this, stating that eligible in-service teachers must be treated as valid diploma holders for recruitment and promotions.
Reference to Earlier Judgments
- The Court relied on its 2023 decision in Jaiveer Singh and a follow-up clarification in Viswanath v. State of Uttarakhand (2024).
- It reiterated that the 18-month course was a special provision and not a general rule.
- The appeal was allowed, and the High Court’s judgment was set aside.
- The WBBPE must consider eligible candidates (in-service as on Aug 10, 2017, with 18-month D.El.Ed. completed before Apr 1, 2019) for recruitment.
- Verification and appointments must be completed within three months.
Why This Judgment Matters
- Protects Rights of In-Service Teachers: Ensures that those who availed the one-time relaxation are not unfairly excluded.
- Clarifies NCTE’s 2017 Relaxation: Confirms that the 18-month diploma was only for existing teachers, not fresh candidates.
- Ensures Compliance with RTE Act: Upholds the legal mandate for teacher qualifications while providing relief to eligible educators.
Case Title: KOUSIK DAS & ORS. VERSUS STATE OF WEST BENGAL & ORS., SLP(C) No. 19139 of 2024
