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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Supreme Court of India today overturned a High Court verdict concerning the eligibility criteria for Assistant Teacher posts in Uttarakhand. The apex court ruled that the 18-month Diploma in Elementary Education (D.El.Ed.) offered by the National Institute of Open Schooling (NIOS) is not equivalent to the 2-year Diploma prescribed by the National Council for Teacher Education (NCTE).
The judgment, delivered by Justices B.R. Gavai and Prashant Kumar Mishra, specifically addressed the appeals challenging the High Court of Uttarakhand’s decision. The High Court had previously directed the state to consider the candidatures of individuals holding the 18-month NIOS diploma for regular posts of Assistant Teachers (Primary).
In the detailed judgment, the Supreme Court observed, “We find that the High Court has erred in holding that the 18 months Diploma conducted by NIOS through ODL mode is equivalent to 2 years Diploma as provided in the notifications of NCTE dated 23rd August 2010 and 29th July 2011.” This observation formed the crux of the ruling, emphasizing the distinction between the two qualifications.
The Court further clarified the legal position regarding the interplay of statutory rules and administrative instructions. It stated, “It is a trite law that the Government cannot amend or supersede statutory rules by administrative instructions.” This statement underscored the Court’s reasoning that the State of Uttarakhand’s Service Rules, which mandate a 2-year diploma, could not be overridden by NCTE’s administrative instructions.
Date of Decision: 28th November 2023
JAIVEER SINGH AND OTHERS VS THE STATE OF UTTARAKHAND AND OTHERS
