LI Network
Published on: November 30, 2023 at 15:10 IST
The Supreme Court, on Monday (28.11.2023), overturned the Uttarakhand High Court’s decision, which had deemed an 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) equivalent to a regular 2-year Diploma.
The bench, comprising Justice BR Gavai and Justice Prashant Kumar Mishra, held that the High Court had “totally erred” in making such a determination.
The ruling referenced the case of Devender Bhaskar and Others v. State of Haryana and Others, where the Supreme Court emphasized that courts cannot declare the equivalence of prescribed qualifications.
Background
In February 2021, the Uttarakhand Department of Elementary Education withdrew its previous order allowing candidates with an 18-month NIOS Diploma to apply for the post of Assistant Teacher.
The High Court later endorsed the validity of the 18-month Diploma through ODL for the said position. Appeals were filed with the Supreme Court by candidates who had completed the 2-year diploma.
Under Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), individuals must possess minimum qualifications as specified by an academic authority authorized by the Central Government to be eligible for the appointment as a teacher.
Section 23(2) of the RTE Act allows the Central Government to relax minimum qualifications for teacher appointments in specific circumstances.
Additionally, a second proviso was added to Section 23(2) through a 2017 Amendment Act with retrospective effect from April 1, 2015.
This amendment mandated that teachers appointed or in position as of March 31, 2015, without the minimum qualifications laid down under Section 23(1), must acquire such qualifications within four years from the commencement of the 2017 Amendment Act.
The National Council for Teacher Education (NCTE), authorized by the Central Government under the RTE Act, issued notifications on August 23, 2010, and amended them on July 29, 2011, prescribing minimum qualifications for teacher eligibility.
In 2012, the Uttarakhand Government notified the Uttarakhand Government Elementary Education (Teacher) Service Rules, 2012, specifying a minimum qualification of a 2-year Diploma in Elementary Education.
Considering the 2017 amendment’s retrospective effect, teachers were required to acquire the minimum qualifications by March 31, 2019, to avoid dismissal.
The NCTE issued a recognition order on September 22, 2017, to comply with the directives of the Ministry of Human Resource Development (MHRD) dated September 8, 2017. Due to the time gap between the MHRD directives and March 31, 2019, the course duration was reduced from 2 years to 18 months.
Supreme Court Verdict
The Supreme Court clarified that the NCTE’s recognition order of September 22, 2017, aimed to provide a one-time window for already employed teachers to acquire the necessary qualifications by April 1, 2019. The Court emphasized that the order did not direct the State of Uttarakhand to act contrary to its 2012 Service Rules and related advertisements.
The Court affirmed the principle that administrative instructions cannot amend or supersede statutory rules but can fill gaps and supplement existing rules.
The bench stressed that such instructions must not be inconsistent with the statutory rules.
The Supreme Court deemed the High Court’s finding that the 18-month Diploma course through NIOS ODL is equivalent to a 2-year Diploma, as outlined in the NCTE notifications of 2010 and 2011, as erroneous. Consequently, the High Court’s order was set aside, and the appeals were allowed.
Case Title: JAIVEER SINGH V. STATE OF UTTARAKHAND, CIVIL APPEAL NOS. OF 2023, Arising out of SLP(C) Nos. 23583-84 of 2022