Supreme Court Clarifies Validity of 18-Month D.El.Ed. for In-Service Teachers: Kousik Das vs. State of West Bengal (2025) INSC 448 (04 April 2025)

Introduction

• Date of the Judgment: 04 April 2025
• Citation: (2025) INSC 448
• Judges: B.R. Gavai, J., Augustine George Masih, J.

Can teachers who completed an 18-month Diploma in Elementary Education (D.El.Ed.) through the National Institute of Open Schooling (NIOS) be considered equivalent to those with a full 2-year diploma? The Supreme Court of India addressed this critical question in Kousik Das & Ors. vs. State of West Bengal & Ors., focusing on the eligibility of in-service teachers for continued employment and promotional opportunities. The core issue revolved around the validity of the 18-month D.El.Ed. program offered by NIOS, particularly in light of previous judgments and clarifications issued by the court.

This judgment was delivered by a bench comprising Justice B.R. Gavai and Justice Augustine George Masih.

Case Background

The case originates from a dispute regarding the recruitment of Assistant Teachers in West Bengal, specifically concerning the validity of the 18-month D.El.Ed. program offered by NIOS. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) came into force on April 1, 2010, with Section 23 addressing the qualifications for teacher appointments. The National Council for Teacher Education (NCTE) was authorized to lay down minimum qualifications.

In 2014, the NCTE prescribed the NCTE (Recognition, Norms and Procedure) Regulations, 2014. Subsequently, in 2017, the Central Government extended the deadline for in-service untrained elementary teachers to acquire training until March 31, 2019. The NCTE then relaxed certain provisions, reducing the D.El.Ed. program duration to 18 months through NIOS via online distance learning (ODL).

The West Bengal Board of Primary Education (WBBPE) issued a recruitment notification in September 2022. This led to a writ petition challenging the eligibility of candidates with the 18-month D.El.Ed., arguing that preference should be given to those with a 2-year D.El.Ed. The High Court, relying on the Supreme Court’s judgment in Jaiveer Singh & Ors. vs. The State of Uttarakhand & Ors., ruled against the 18-month D.El.Ed. holders, leading to the present appeal.

Timeline

Course of Proceedings

A writ petition was filed before the High Court at Calcutta by candidates seeking preference for those with a 2-year D.El.Ed. over those with the 18-month D.El.Ed. from NIOS. The petitioners requested the court to restrict the recruitment of 18-month NIOS trained candidates and declare that the 18-month program was not equivalent to the 2-year program.

The learned Single Judge of the High Court, referring to the Supreme Court’s judgment in Jaiveer Singh, disposed of the writ petition by directing the WBBPE to not recruit any teachers holding D.El.Ed. issued by NIOS under ODL mode (i.e., the 18-month course) from the recruitment process of the year 2022 onwards.

An intra-court appeal was filed, but the Division Bench of the High Court, relying on the Jaiveer Singh judgment, dismissed the appeal, affirming the Single Judge’s decision.

Legal Framework

The legal framework for this case is primarily based on the following:

• Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act): This section deals with the qualifications for appointment and terms and conditions of service of teachers. Sub-section (1) states that any person possessing the minimum qualifications laid down by an academic authority, authorized by the Central Government, shall be eligible for appointment as a teacher.
• The 2014 NCTE (Recognition, Norms and Procedure) Regulations: These regulations, prescribed by the NCTE, outline the norms and standards for teacher education programs. Clause 9 provides the “Norms and Standards” that every institution offering teacher education programs must comply with. Appendix 2 concerns the D. El. Ed., which is a 2-year professional program. Appendix 9 concerns D. El. Ed. through ODL System, having a duration of 2 academic sessions/years.
• The Amendment to the RTE Act (Act No. 24 of 2017): This amendment added a second proviso to sub-section (2) of Section 23, stating that every teacher appointed or in position as on March 31, 2015, who does not possess minimum qualifications, shall acquire such qualifications within 4 years from the commencement of the 2017 Amendment Act.

The second proviso to sub-section (2) of Section 23 of the RTE Act states:

“…every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017.”

The NCTE’s Recognition Order on September 22, 2017, granted relaxation to certain provisions of the 2014 NCTE Regulations, reducing the duration of the D.El.Ed. program through ODL to 18 months, including the 6-month internship within the 18 months.

Arguments

Arguments by the Appellants (Kousik Das & Ors.):

• The Central Government, via a letter dated August 31, 2017, extended the period for training in-service untrained teachers to March 31, 2019.
• The NCTE relaxed the 2014 NCTE Regulations, reducing the D.El.Ed. course duration to 18 months.
• Any teacher in-service as of August 10, 2017, who completed the 18-month D.El.Ed. program through NIOS before March 31, 2019, should be considered a valid diploma holder.
• The judgment in Jaiveer Singh does not apply to them as it covers teachers who failed to fulfill these requirements.
• The order in Viswanath clarified that teachers employed as of August 10, 2017, who completed the 18-month diploma course, would be treated as valid diploma holders.

Arguments by the Respondents (State of West Bengal & Ors.):

• The judgment in Jaiveer Singh notes that the 18-month D.El.Ed. program through NIOS was to bring in-service untrained teachers at par with eligibility requirements.
• Appellants completing the 18-month D.El.Ed. program after the cut-off date of March 31, 2019, cannot be treated at par with teachers who completed a 2-year D.El.Ed. program.
• Besides a valid diploma, other requirements like clearing the Teacher Eligibility Test (TET) must be fulfilled as per the recruitment notification dated September 29, 2022.
• However, the respondents fairly submitted that appellants fulfilling the eligibility criteria can be considered for appointment, subject to verification.

Issues Framed by the Supreme Court

The primary issue before the Supreme Court was:

1. Whether, in light of the judgment of this Court in the case of Jaiveer Singh and the order of this Court in the case of Viswanath, the impugned judgment and order of the High Court is liable to be quashed and set aside.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues:

Authorities

The court considered the following authorities:

• Right of Children to Free and Compulsory Education Act, 2009 (RTE Act):
  • Section 23(1): Empowers the Central Government to authorize an academic authority (NCTE) to lay down minimum qualifications for teachers.
  • Section 23(2) (as amended in 2017): Mandates teachers without minimum qualifications as of March 31, 2015, to acquire them within four years.
• NCTE (Recognition, Norms and Procedure) Regulations, 2014:
  • Clause 9: Specifies norms and standards for teacher education programs.
  • Appendix 2: Defines the D.El.Ed. as a 2-year program.
  • Appendix 9: Defines the D.El.Ed. through ODL System as a 2-year program.
• Cases:
  • Jaiveer Singh & Ors. vs. The State of Uttarakhand & Ors. (2023 SCC Online SC 1584) (Supreme Court of India): This case was initially relied upon by the High Court to invalidate the 18-month D.El.Ed. The Supreme Court in Kousik Das clarified that Jaiveer Singh was misinterpreted.
  • Viswanath & Ors. vs. The State of Uttarakhand & Ors. (Review Petition (C) No. … of 2024 [Diary No. 4961/2024]) (Supreme Court of India): This order clarified that the 18-month diploma obtained by those in employment as of August 10, 2017, would be treated as valid.
  • Viswanath vs. The State of Uttarakhand & Ors. (IA No. 37419 of 2025 in T.P. (C) No. 42-43 of 2025) (Supreme Court of India): Reiterated the validity of the 18-month D.El.Ed. for teachers employed as of August 10, 2017.

Judgment

How each authority was viewed by the Court:

• Jaiveer Singh & Ors. vs. The State of Uttarakhand & Ors. (2023 SCC Online SC 1584): The Court clarified that the High Court misinterpreted this judgment. The Jaiveer Singh case was meant to address a specific scenario and not to invalidate all 18-month D.El.Ed. diplomas.
• Viswanath & Ors. vs. The State of Uttarakhand & Ors. (Review Petition (C) No. … of 2024 [Diary No. 4961/2024]): The Court relied on this order, which clarified that the 18-month diploma obtained by those in employment as of August 10, 2017, would be treated as a valid diploma.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the need to protect the interests of in-service teachers who were given a one-time opportunity to acquire the necessary qualifications. The Court emphasized that the 18-month D.El.Ed. program was introduced as a special measure to ensure that these teachers could continue their service.

The Court’s reasoning was heavily based on legal considerations (65%), focusing on the interpretation of the RTE Act, NCTE regulations, and previous judgments. However, factual aspects (35%), such as the specific circumstances of the in-service teachers and the intent behind the 18-month program, also played a significant role.

Logical Reasoning:

The Court considered alternative interpretations but rejected them because they did not align with the intent of the RTE Act and the NCTE regulations to provide a one-time opportunity for in-service teachers to acquire the necessary qualifications.

The decision was reached by carefully considering the legal framework, previous judgments, and the specific circumstances of the appellants. The Court aimed to strike a balance between maintaining the standards of teacher education and protecting the interests of teachers who were already serving in the education system.

Reasons for the decision:

• The High Court misinterpreted the Jaiveer Singh judgment.
• The Viswanath order clarified the validity of the 18-month D.El.Ed. for in-service teachers.
• The intent of the RTE Act and NCTE regulations was to provide a one-time opportunity for in-service teachers.

“The entire scheme 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.”

“We again clarify that the 18 months diploma obtained by such persons, who were in employment as on 10.08.2017 and 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 judgment and order dated 24th July 2024 passed by the Division Bench of the High Court is quashed and set aside.”

Key Takeaways

• Teachers who were in employment as of August 10, 2017, and completed the 18-month D.El.Ed. program through NIOS before April 1, 2019, are considered valid diploma holders.
• These teachers are eligible for applying in other institutions and for promotional avenues.
• The judgment clarifies the scope and applicability of the Jaiveer Singh judgment.
• The decision protects the interests of in-service teachers who were given a one-time opportunity to acquire the necessary qualifications.

Directions

The Supreme Court directed the respondent-authorities to consider the candidatures of the appellants who were in-service as of August 10, 2017, and who, on verification, are found to satisfy the eligibility criteria. The authorities were directed to appoint them within three months from the date of the judgment.

Development of Law

The ratio decidendi of this case is that teachers who were in employment as of August 10, 2017, and completed the 18-month D.El.Ed. program through NIOS before April 1, 2019, are to be considered valid diploma holders. This judgment clarifies and distinguishes the previous position of law established in Jaiveer Singh, ensuring that the one-time opportunity given to in-service teachers is duly recognized.

Conclusion

In Kousik Das vs. State of West Bengal, the Supreme Court clarified that teachers who were in employment as of August 10, 2017, and completed the 18-month D.El.Ed. program through NIOS before April 1, 2019, are considered valid diploma holders. The Court set aside the High Court’s judgment, which had misinterpreted the earlier ruling in Jaiveer Singh. The Supreme Court directed the respondent-authorities to consider the candidatures of the appellants and appoint those who meet the eligibility criteria within three months.