Dealing with the issue of eligibility for teacher recruitment process in West Bengal, the Supreme Court today held that any teacher who was in-service as on 10.08.2017 and who acquired the Diploma In Elementary Education (D. El. Ed.) qualification through National Institute of Open Schooling's (NIOS) 18-months programme prior to 01.04.2019 is a valid diploma holder and at par with a teacher who completed the 2 years D. El. Ed. programme.
"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",
"Having availed of the one-time scheme, such of the teachers even though they only undertook the 18 months D. El. Ed. programme through NIOS they should be considered at par with a 2 years D. El. Ed., if they completed their 18 months programme through NIOS prior to 1st April 2019."
The bench of Justices Gavai and Masih made reference to another order passed by the Court, dated 10.12.2024, which disposed of certain review petitions and miscellaneous applications filed in connection with Jaiveer Singh. This order clarified that teachers who acquired the 18 months D. El. Ed. through NIOS and who were in employment as on 10.08.2017 would be treated as a valid diploma holder for the purpose of applying in other institutions or for promotional avenues. It further mentioned that the clarification would be effective from the date of pronouncement of the judgment in Jaiveer Singh (ie 28.11.2023).
With regard to the decision of the Single Bench of the High Court (which was upheld by the Division Bench), it was opined that though reliance was placed on Jaiveer Singh, the bench came to the wrong conclusion inasmuch as it put a blanket ban on all teachers holding an 18 months D. El. Ed. through NIOS.
"the judgment of this Court in the case of Jaiveer Singh unequivocally held that the entire scheme emanating from the NCTE Recognition Order dated 22nd September 2017 was for the purpose of providing a window to the in-service teachers inasmuch as unless they would have acquired requisite qualifications prior to 1st April 2019, they would not have continued to remain in service and would have faced dismissal from service."
In closing, the appeal was allowed and the impugned decisions of the High Court set aside. The respondent-authorities were directed to consider candidature of such appellants who were in-service as on 10.08.2017. On verification, those who are found to satisfy the eligibility criteria, shall be appointed within a period of 3 months, the Court further said.
KOUSIK DAS & ORS. VERSUS STATE OF WEST BENGAL & ORS., SLP(C) No. 19139 of 2024
