ashe seareften ues §z National Council for Teacher Education (A Statutory Body of the Government of indi Gre eRorar verte wer) ee : : efera By Email/ Speed Post NCTE F. No-NCTE-Regl011/166/2017-US (Regulation)-HQ Dated: 27.01.2025 ‘Computer No. 11209 To, All Secretaries/Commissioners of Education of State Governments) UT Administrations/ Commissioners of all the Central Government Schools/Commissioner KVS/Chairperson CBSE (As per list enclosed) Subject- To forward the Order dated 10.12.2024passed by the Hon’ble Supreme Court of India in the matter of Viswanath & Ors. Vs. The State of Uttarakhand in Review Petition of 2024 (Diary No. 4961 of 2024) in Civil Appeal No. 7873 of 2023 -regarding. Madam/Sir, NCTE, as a statutory body of Government of India, came into existence in pursuance of the National Council for Teacher Education Act, 1993 on 17th August 1995 with the mandate to achieve planned and coordinated development of teacher education throughout the country and to govern the regulation and proper maintenance of norms and standards for teacher education 2. Section 12 A of the NCTE Act 1993 provides as under: “12A. Power of Council to determine minimum standards of education of school teachers.—For the purpose of maintaining standards of education in schools, the Council may, by regulations, determine the qualifications of persons for being recruited as teachers in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate school or college, by whatever name called, established, run, aided or recognised by the Central Government or a State Government or a local or other authority: Provided that nothing in this section shall adversely affect the continuance of any person recruited in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate schools or colleges, under any rule, regulation or order made by the Central Government, a State Government, a local or other authority, immediately before the commencement of the National Council for Teacher Education (Amendment) Act, 2011 (18 of 2011) solely on the ground of now fulfilment of such qualifications as may be specified by the Council -v sector ~ 10, Dwarka,New Delhi ~ 110075 (OF scanned wt oHENScmnerusa sear afters $z National Council for Teacher Education (A Statutory Body of the Government of India) Gira eReret vefattie ter) wejera er ‘by Email / Speed Post NCTE To Provided further that the minimum qualifications of a teacher referred to in the first proviso shall be acquired within the period specified in this Act or under the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009).” 3. The NCTE had laid down various notifications prescribing the minimum academic and professional qualifications for consideration of a person to be eligible for appointment as a teacher up to Class XII published on 23.08.2010, 29.07.2011, 13.11.2019 and 13.10.2021 4, On the directions of the Ministry of Education, the Northern Regional Committee of NCTE issued Recognition order dated 22.09.2017 to National Institute of Open Schooling, ‘NOIDA, Uttar Pradesh for 18" months D.EI.Ed. on certain conditions including that the duration of the said programme shall be 18 months instead of 2 years which shall include 6 months internship. 5. ‘Writ petition CWJC No. 19842 of 2019 was filed before the Hon’ble Patna High Court, Bihar by Sh. Sanjay Kumar Yadav along with 302 other petitioners against the Director, Primary Education, Bihar, NCTE, Union of India and others and after hearing the submissions of the parties the Hon’ble High Court of Patna passed the judgment dated 21.01.2020 wherein it observed that: “The NCTE recognized one time course in D.ELED. conducted by NIOS. The relaxation of some period was only granted to the in-service teachers who had not obtained the required degree training course such as B.Ed/D.ELEd. which is made ‘minimum requisite qualification for appointment on the post of teachers in elementary and primary schools thus, it cannot be said that the teachers who had obtained D.EL.Ed. through NIOS is not at par with the two years period D.EL.Ed. course. 15. Thus, Ifind that on such misrepresentation and misreading of the clarification issued by the NCTE, the Director, Primary Education has illegally issued direction that the persons who had obtained D.ELEd. course duly run for 18 months by NIOS are not eligible for appointment on the post of teachers in primary schools and thus, the letter as contained in Annexure-1 is illegal, unsustainable and violative of Article 14 of the Constitution. Accordingly, Annexure-11 is set aside. 16. The writ petitions are allowed. The respondents are directed to allow the petitioners to apply within one month and consider the case of the petitioners for ‘appointment on the post of primary teachers.” 6. __ The Ministry of Education vide letter dated 28.02.2020 directed NCTE that an appeal should not be filed against the above order of the Hon'ble High Court of Patna. 7. __ The Ministry of Education issued a letter dated 16.12.2020 to the Chairperson, NCTE advising to issue a clarification to all states and UT's that those candidates who have completed the D.EI.Ed course of NIOS (ODL mode) may be given an opportunity to apply for fresh recruitment at par with the other D.EL.ED. candidates subject to adherence to all the other criteria and qualification requirements, such as passing of TET ete, as per the NCTE 2 10, Dwarka (OF scanned wt onEN Scannerasia seme afeTe $x National Council for Teacher Education (A Statutory Body of the Government of India) (area wearer yore ae) Praise NCTE Soe notification dated 23.08.2010 (as amended from time to time) and any other qualification as mandated by the State. Accordingly, NCTE issued a letter dated 6" January 2021 to the Chief Secretaries of all the States and Union Territory Administrations. 8. In pursuance of the said letter of NCTE, the Secretary, Government of Uttarakhand issued a letter dated 15th January 2021 to the Director, Elementary Education, Uttarakhand to permit all such candidates, to apply for the post of Assistant Teacher (Primary) against vacancies issued. However, vide communication dated 10th February 2021, the earlier letter dated 15th January 2021 was withdrawn mentioning that there was no clear provision in the Uttarakhand Government Elementary Education (Teachers) Service Rules 2012 (amended from time to time) regarding the eligibility of D.EI.Ed. (ODL) course of NIOS as a minimum qualification. 9. ‘The aforesaid letter dated 10" February 2021 was challenged by the petitioners ic. ‘Nandan Singh along with other applicants for the vacancy of Assistant teachers in the state of ‘Uttarakhand in a bunch of writ petitions before the Hon'ble High Court Uttarakhand. 10. The Hon’ble High Court Uttarakhand vide Judgment and Order dated 14.09.2022 quashed and set aside the letter dated 10th February 2021 issued by the Government of ‘Uttarakhand, 11. The judgment dated 14.09.2022 passed by the Hon’ble High Court Uttarakhand was challenged before the Hon’ble Supreme Court in SLP No. 23583-84 of 2022 by Petitioners i.e. Jaiveer Singh along with others while SLP No. 23943 of 2022 was filed by the State of Uttarakhand. MoE and NCTE were Respondent no. 5 & 3 respectively with lead case numbered as SLP No. 23583-84 of 2022. MoE was Respondent no. 3 in SLP no. 23943 of 2022.The Hon’ ble Supreme Court, vide judgment dated 28.11.2023, allowed the appeal and quashed and set aside the impugned judgment dated 14.09.2022, The operative part of the same is as under: 41. In view of what has been held by this Court hereinabove, we find that the High Court erred in holding that 18 months Diploma conducted by NIOS through ODL mode is equivalent to the 2 years regular Diploma, particularly ‘80, when there was no material placed on record to even remotely hold that such a qualification was recommended by the Expert Body NCTE. On the contrary, the communication dated 6th September 2019 of NCTE, the directives of MHRD so also the recognition order dated 22nd September 2017 clearly go on to show that the 18 months Diploma was provided as a one time window 10 the in-service teachers to acquire the minimum qualifications between the 2017 Amendment Act and the outer limit of 1st April 2019. In our considered view, the High Court has totally erred in holding that the 2 years Diploma is equivatent to 18 months Diploma. jes s C2e “= G-7, Sector ~ 10, Dwarka,New Delhi ~ 110075 (© scanned wt onEN Sener