NDLI: Jaiveer Singh and Others Vs. The State of Uttarakhand and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Right of Children to Free and Compulsory Education Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: Whether the High Court was justified in holding that 18 months Diploma in Elementary Education-D.El.Ed conducted by National Institute of Open Schooling-NIOS through Open and Distance Learning-ODL mode is equivalent to the 2 years regular Diploma in elementary education as required under the Notifications of National Council for Teacher Education-NCTE. Right of Children to Free and Compulsory Education Act, 2009 – s. 23 – Qualifications for appointment and terms and conditions of service of teachers – Minimum qualifications for a person to be eligible for the appointment as teachers prescribed by National Council for Teacher Education-NCTE – Thereafter, issuance of Service Rules, 2012 and were amended time to time – Department of Higher EducationMHRD issued a letter directing that all the teachers in Government Schools must possess minimum qualifications as mandated and a last chance was given to all teachers to acquire the same till March 31, 2019 – Subsequently, NCTE issued a recognition order, thereby conducting Diploma in Elementary Education-D.El.Ed programme through Open and Distance Learning-ODL mode by National Institute of Open Schooling-NIOS which reduced the duration of diploma from 2 years to 18 months – Thereafter, an office order by NIOS directing its Regional Directors to implement D.El.Ed. course for training of Untrained In-service teachers – Subsequently, issuance of advertisement for posts of Assistant Teachers in Primary Schools – Minimum qualification for the post was 2 years Diploma in D.El.Ed.– In the meantime, order passed permitting the candidates who passed 18 months Diploma of NIOS to apply for the post of Assistant Teacher (primary) against the vacancies issued – However, the said order was recalled – Writ petitions challenging the same – High Court held that the 18 months Diploma in D.El.Ed. conducted through the ODL mode in elementary education by the NIOS is a valid Diploma for applying to the post and that, in respect of the in-service teachers, who have undergone the 18 months D.El. Ed. programme cannot discriminated by debarring them from their candidatures – Challenged to, by the candidates who are holding the 2 years diploma in elementary education:Held: Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed – An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules – However, instructions can be issued only to supplement the statutory rules but not to supplant it – NCTE recognition order was issued so as to give effect to the directives of MHRD so as to provide a one-time window to the teachers who were already working and who in terms of the 2017 Amendment Act were required to acquire the minimum qualifications prior to 01.04.2019 else would have faced dismissal from service – Said order, cannot be held to be a direction to the State to act in contravention of its 2012 Service Rules and the advertisements issued on the basis of such Service Rules – Finding of the High Court that the 18 months D.El.Ed. Diploma conducted by NIOS is equal to 2 years Diploma is erroneous – There is no notification to that effect issued by NCTE in supersession of its notifications providing minimum 2 years Diploma as a minimum qualification for appointment of teachers – NCTE, as an expert body, has a right to prescribe the minimum qualifications, and by the notifications, NCTE has done so – Thus, the impugned judgment and order passed by the High Court is quashed and set aside – Elementary Teachers Uttarakhand Government Elementary Education (Teacher) Service Rules, 2012. [Para 34-36, 41-43]
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2023 INSC 1024
Petitioner	Jaiveer Singh And Others
Respondent	The State Of Uttarakhand And Others
SCR	[2023] 15 S.C.R. 597
Judgement Date	2023-11-28
Case Number	7871-7872

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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