The Allahabad High Court at Lucknow has allowed in-service teachers who hold a Diploma in Elementary Education (D.El.Ed) through Open and Distance Learning (ODL) from NIOS to take part in Assistant Teacher recruitment under Advertisement No. 5/2026, as an interim measure.
Justice Pankaj Bhatia also directed that the relief is not limited to the 45 petitioners. Respondent No. 3 must issue the necessary directives so that all similarly situated candidates can apply. The writ petition remains pending.
Background
The petitioners said that although they hold a qualification recognised by the NCTE, they were not being allowed to take part in the selection process under Advertisement No. 5/2026 for Assistant Teachers.
According to the order, Section 23(2) of the RTE Act required teachers appointed as on 31 March 2015 without the prescribed minimum qualification to acquire it within four years. The Government of India, Ministry of Human Resources, prescribed that in-service teachers without the qualification would not be allowed to continue beyond 1 April 2019. The States and Union Territories decided that in-service untrained teachers would acquire it through the NIOS ODL programme.
The petitioners said they obtained the D.El.Ed through this mode, but it was not recognised as an essential qualification under the advertisement.
Arguments
Abhishek Singh and Anuj Kumar Gupta appeared for the petitioners, and Abhineet Jaiswal was heard for the respondents.
On behalf of the petitioners, it was argued that the Supreme Court had considered the issue in Jaiveer Singh v. State of Uttarakhand and later in Kousik Das v. State of West Bengal. In Kousik Das, the Supreme Court clarified that teachers who were in employment as on 10 August 2017 and completed the 18-month D.El.Ed (ODL) programme through NIOS before 1 April 2019 would be valid diploma-holders for applying to other institutions and for promotional avenues.
The petitioners also relied on Vishwanath v. State of Uttarakhand. There, the Supreme Court clarified that “other institutions” would also include schools run by State Governments.
High Court’s Observations
Noting the Supreme Court’s rulings, the Court observed:
“In view of the categorical pronouncement of the Supreme Court on the issue in question, the matter requires consideration.”
On granting interim relief, the Court held:
“Considering the fact that the qualification held by the petitioners has found favour with the Supreme Court and the same is applicable to all the States and the Institutions as clarified by the Supreme Court, as an interim measure, the petitioners who are holding the D.El.Ed. – ODL from NIOS would be entitled to appear in furtherance of Advertisement No.5/2026.”
Directions
The Court was told that the last date for applications had passed, but the correction window was open until 7 November. It directed Respondent No. 3 to issue directives through the advertisement on the website so that all in-service teachers who passed the D.El.Ed (ODL) from NIOS can apply. The dates may be extended suitably if required.
Extending the benefit beyond the petitioners, the Court clarified:
“It is clarified that the relief granted is not confined to the present petitioners only and respondent no.3 would be under obligation to advertise so that all the persons who are similarly situated and possess the requisite qualification as directed above, can apply in terms of the Advertisement No.5/26.”
The respondents have four weeks to file a counter affidavit, and a rejoinder may be filed within two weeks after that. The Court said all issues raised by the respondents would be considered after pleadings are exchanged. The matter will be listed after six weeks.
Case Title: Abhishek Pathak and 44 Others v. Union of India, Ministry of Education, New Delhi, through Secretary and 3 Others
Case No.: Writ-A No. 11920 of 2026
Bench: Justice Pankaj Bhatia
Date: 5 November 2026
