In a significant development that could impact the careers of thousands of in-service teachers across Uttar Pradesh, the Allahabad High Court today granted interim relief to candidates holding the 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). The Court has permitted them to appear in the Uttar Pradesh Teacher Eligibility Test (UP TET) 2026, subject to the final outcome of the writ petition.
The order was passed by Justice Rajeev Singh in Writ A No. 4196 of 2026. The petitioners were represented by Advocate Rajat Rajan Singh, who argued that denying participation in the eligibility test was contrary to recent Supreme Court clarifications. The Court has granted time to the State Government, the Examination Commission, and the National Council for Teacher Education (NCTE) to file their respective counter affidavits.
Background: A Long and Winding Legal Battle
The genesis of the controversy lies in the Right of Children to Free and Compulsory Education (Amendment) Act, 2017. This amendment inserted a second proviso to Section 23(2) of the RTE Act with retrospective effect from 1st April 2015. It required all in-service teachers who did not possess the minimum qualification of a two-year Diploma in Elementary Education to acquire the same by 31st March 2019, failing which they faced dismissal from service.
To facilitate this, the Ministry of Human Resource Development (MHRD) directed the NCTE, which subsequently issued a recognition order on 22nd September 2017. This order permitted NIOS to conduct a compressed 18-month D.El.Ed. programme through ODL mode exclusively for in-service untrained elementary teachers appointed on or before 10th August 2017.
The Supreme Court’s Evolving Stance
The legal controversy intensified when the State of Uttarakhand withdrew permission for ODL diploma holders to apply for fresh recruitment in 2021. While the Uttarakhand High Court initially ruled in favor of the teachers, the Supreme Court reversed this in the landmark judgment of Jaiveer Singh v. State of Uttarakhand (2024). A bench of Justice B.R. Gavai and Justice Prashant Kumar Mishra held that the ODL scheme was a one-time window for in-service teachers and could not be treated as equivalent to the standard two-year diploma for fresh recruitment.
However, a Review Petition led to a critical clarification on 10th December 2024. The Supreme Court stated that the 18-month diploma obtained by those in employment as of 10th August 2017 “would be treated as valid diploma holders for the purpose of applying in other institutions or for promotional avenues.”
This was further expanded in Vishwanath v. State of Uttarakhand (2025), where a bench of Justice B.R. Gavai and Justice Augustine George Masih held that “indisputably, the ‘other institutions’ would also include the schools run by the State Governments.”
Today’s Development: UP TET 2026
The matter reached the Allahabad High Court because ODL diploma holders in Uttar Pradesh were being denied eligibility for the UP TET 2026, which is the mandatory qualifying examination for teaching appointments in the State.
Advocate Rajat Rajan Singh, appearing for the petitioners, urged the Court that the denial of TET participation to candidates who satisfy the Supreme Court’s conditions—being in service as of 10th August 2017 and having completed the 18-month ODL diploma—was contrary to the binding directions issued in the Vishwanath and Review orders.
Accepting these submissions, Justice Rajeev Singh passed the interim order permitting the candidates to appear for the exam. The matter is now listed for the next hearing on 22nd May 2026.
(This reporting is based on oral orders passed in open court; the detailed written interim order is awaited.)
Case Details
Case Title: Shubham Kumar Shukla and Others vs State of UP’ Others
Case No.: Writ A No. 4196 of 2026
Bench: Justice Rajeev Singh
Date: April 24, 2026
