In a significant ruling with wide implications for teacher recruitment across India, the Supreme Court has held that the 18-month Diploma in Elementary Education (D.El.Ed.) conducted by the National Institute of Open Schooling (NIOS) under the Open and Distance Learning (ODL) mode is a valid qualification, but only for those who were in service as of August 10, 2017, and completed the course before March 31, 2019.
The judgment was delivered on April 4, 2025, by a Division Bench comprising Justice B.R. Gavai and Justice Augustine George Masih in the case titled Kousik Das & Others vs. State of West Bengal & Others.
The Court quashed the orders passed by the Calcutta High Court, which had earlier barred candidates with the 18-month NIOS diploma from being considered for the post of Assistant Teachers.
Case Background
The case originated from a notification dated 29 September 2022, issued by the West Bengal Board of Primary Education (WBBPE) for recruitment of Assistant Teachers in Government and Government-aided primary schools.
A group of candidates challenged the eligibility of those who had completed an 18-month D.El.Ed. through NIOS, contending that only the 2-year D.El.Ed. prescribed under the 2014 NCTE Regulations should be considered valid.
On 29 February 2024, a Single Judge of the Calcutta High Court allowed the writ petition (W.P.A. No. 16118 of 2023), directing WBBPE not to recruit candidates holding the 18-month NIOS diploma. This order was later upheld by the Division Bench on 24 July 2024.
Aggrieved by this, the affected candidates—who had completed their diploma under the 2017 relaxation granted by NCTE—approached the Supreme Court.
Important Legal Issues
- Whether the 18-month D.El.Ed. (ODL) diploma issued by NIOS is equivalent to the 2-year D.El.Ed. under NCTE norms for the purpose of teacher recruitment?
- Whether the Calcutta High Court was correct in applying the Supreme Court’s earlier decision in Jaiveer Singh vs. State of Uttarakhand to bar all 18-month diploma holders?
- Whether candidates who were in-service as on 10 August 2017 and completed the NIOS course by 31 March 2019 are entitled to be considered validly trained teachers under the RTE Act?
Important Observations of the Court
The Supreme Court carefully distinguished between general candidates and in-service teachers who undertook the 18-month diploma as a one-time exception allowed under the RTE Amendment and the NCTE recognition order dated 22 September 2017.
“The entire scheme was for the purpose of providing a window to the in-service teachers… unless they would have acquired requisite qualifications prior to 1st April 2019, they could not have continued to remain in service and would have faced dismissal from service.” – Justice B.R. Gavai
The Court referred to its earlier judgment in Jaiveer Singh vs. State of Uttarakhand (2023), but noted that the High Court misapplied it by imposing a blanket ban on all NIOS-trained teachers:
“Even though the learned Single Judge placed reliance on paragraph 56 of the judgment in Jaiveer Singh, it came to the wrong conclusion inasmuch as it put a blanket ban on all teachers holding an 18-month D.El.Ed. through NIOS.”
The Bench also quoted from its clarificatory order in Viswanath vs. State of Uttarakhand (10 December 2024), emphasizing:
“To avoid any confusion, 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… would be treated as valid diploma holders for the purpose of applying in other institutions or for promotional avenues.”
Decision of the Court
The Supreme Court allowed the appeal and set aside the Calcutta High Court’s decisions. It held that:
- The 18-month D.El.Ed. through NIOS (ODL mode) is valid, but only for those teachers who were already in-service as on 10 August 2017 and had completed the course by 31 March 2019.
- Such candidates are eligible for appointment and promotion, provided they meet other recruitment criteria.
- The Court directed the WBBPE and respondent authorities to verify eligibility and appoint qualified candidates within 3 months.
“Any teacher who was in-service as on 10th August 2017 and who acquired the qualification of D.El.Ed. by way of the 18 months programme through NIOS prior to 1st April 2019 is a valid diploma holder and at par with any other teacher who has completed the 2 years D.El.Ed. programme.”
Case Details
- Case Title: Kousik Das & Ors. vs. State of West Bengal & Ors.
- Case No.: Civil Appeal arising out of SLP(C) No. 19139 of 2024
- Bench: Justice B.R. Gavai and Justice Augustine George Masih
- Advocates:
- For Appellants: Shri Gopal Sankaranarayanan, Sr. Advocate; Smt. Vibha Datta Makhija, Sr. Advocate
- For Respondents: Shri Jaideep Gupta, Sr. Advocate
- For Appellants: Shri Gopal Sankaranarayanan, Sr. Advocate; Smt. Vibha Datta Makhija, Sr. Advocate
