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Synopsis

The Supreme Court has directed the Uttarakhand government to consider the claim of a group of applicants in accordance with its clarification dated December 10, 2024, and to appoint them to the post of assistant teachers in accordance with law, if they are found eligible.

A bench of Justices B R Gavai and Augustine George Masih, however, clarified that while doing so, the state government shall not reopen the selection process already conducted, which has attained finality.

The court passed its order on an application filed by Vishwanath and others, seeking a direction on the respondent to permit the applicants—who hold the 18-month 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 subsequently be appointed to the vacant posts in the ongoing recruitment.

In 2017, an amendment was carried out to the Right of Children to Free and Compulsory Education Act, 2009, by which clause (2) was inserted in Section 23 of the said Act. This amendment was made retrospectively applicable from March 31, 2015. It provided that every teacher who had been appointed or was in service as on March 31, 2015, but did not possess the minimum qualifications of two years as laid down under subsection (1) of Section 23, would acquire such minimum qualifications within a period of four years from the commencement of the Amendment Act, 2017.

The Ministry of Human Resource Development (MHRD) issued a letter on August 3, 2017, to all the Secretaries of States and Union Territories, directing that all teachers in government schools must possess the minimum qualifications mandated under the RTE Act, and a last opportunity was being provided to such teachers to acquire the minimum qualification by March 31, 2019. Failure to acquire the said qualification within the stipulated period would result in dismissal from service.

Since the time gap between March 31, 2015, as specified in the 2017 Amendment Act, and March 31, 2019, as mentioned in the direction issued by the MHRD, was 18 months, the NCTE issued a recognition order on September 22, 2017, for conducting the D.El.Ed. programme through ODL mode by NIOS through the SWAYAM portal of MHRD for in-service untrained teachers at the elementary level working in government, government-aided, and unaided private schools. The said recognition order also reduced the duration of the diploma from 2 years to 18 months.

The State of Uttarakhand issued district-wise advertisements for the post of Assistant Teachers in primary schools in accordance with the Uttarakhand Government Elementary Education (Teacher) Service Rules, 2012, which provided that to be eligible for appointment as teachers, a diploma course of two years or its equivalent was necessary.

On January 15, 2021, the Secretary, Government of Uttarakhand, issued a letter to the Director, Elementary Education, Uttarakhand, to permit candidates who passed the 18-month D.El.Ed. diploma of NIOS to apply for the post of Assistant Teachers (Primary) against vacancies notified through the district-wise advertisements. This was done in compliance with a letter dated January 6, 2021, issued by the NCTE to the Chief Secretaries of all States and Union Territories, requesting them to consider all those candidates who had completed the D.El.Ed. course of NIOS through ODL Mode.

However, shortly thereafter, upon realising that the 2012 Rules did not recognize the 18-month D.El.Ed. diploma through ODL Mode from NIOS as a minimum qualification for eligibility, the Government of Uttarakhand issued another communication on February 10, 2021, withdrawing its earlier letter of January 15, 2021.

Acting on a batch of writ petitions, the Uttarakhand High Court, on September 14, 2022, held that the 18-month D.El.Ed. training/diploma conducted through the ODL Mode by NIOS could not be considered a lower or inferior qualification compared to the 2-year D.El.Ed. programme, and that it was valid for applying to the post of Assistant Teachers (Primary) in the state.

However, upon challenge, the apex court, on November 28, 2023, upheld the validity of the 2012 Rules.

The top court clarified that the scheme framed by the Government of India—under which the recognition order was issued—was meant to provide a one-time opportunity to those teachers who were already in employment as on August 10, 2017, to obtain the diploma qualification required under Section 23(2) of the RTE Act, which was inserted by the 2017 Amendment Act with retrospective effect from April 1, 2015.

The court subsequently declined to entertain review petitions, holding that the One Time Scheme was provided solely to safeguard the interests of those teachers who were employed as on August 10, 2017.

On December 10, 2024, the apex court clarified that the 18-month diploma obtained by persons who were in employment as on August 10, 2017, and who completed the diploma course of 18 months, would be treated as valid diploma holders for the purpose of applying to other institutions or for promotional avenues.

Senior advocate Gopal Sankaranarayanan, appearing for the applicants, submitted that information received under the Right to Information Act, 2005, revealed that there were 279 posts vacant and the number of applicants was 239. He also submitted that the applicants did not intend to affect the selection process already conducted.

The state counsel, however, stated that the top court had upheld the 2012 Rules of the State of Uttarakhand, which provided that a diploma of two years or equivalent was necessary for appointment as teachers. She further submitted that any interference at this stage would cause complications in the selection process already completed.

The bench, however, said, "No doubt that, this court has upheld the 2012 Rules framed by the State Government, by its judgment of November 28, 2023. However, at the same time, this court had clarified that such of the teachers, who were already in employment as on August 10, 2017, would be entitled to the benefit of One Time Scheme provided by the Government of India."

"This court had held that such of the teachers who have completed the diploma course of 18 months would be treated as valid diploma holders for the purpose of applying in other institutions or for promotional avenues," the bench pointed out. Indisputably, the “other institutions” would also include the schools run by the state governments, the bench added.

The court thus held that the case of the present applicants would be covered by the clarification of December 10, 2024.

Case Title: Vishwanath Vs The State of Uttarakhand & Ors