State Policy Can Prescribe Graduation Even If NCTE Allows 10+2: Allahabad High Court Upholds UP Government Order On D.El.Ed. Eligibility

“The State, in its discretion, is entitled to prescribe such qualifications as it may consider appropriate for candidates seeking admission into D.El.Ed. course, so long as the qualifications so prescribed are not lower than those prescribed under the NCTE Act” — Allahabad High Court

In a significant ruling impacting thousands of teaching aspirants in Uttar Pradesh, the Allahabad High Court on 3rd November 2025 upheld the constitutionality of Clause 4(1) of the Government Order dated 09.09.2024, which mandates graduation as the minimum educational qualification for admission to the two-year Diploma in Elementary Education (D.El.Ed.) course, formerly known as B.T.C. The Division Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra allowed the appeal filed by the State of U.P. and others against the judgment of the learned Single Judge who had struck down the said clause as arbitrary and discriminatory.

The High Court clarified that National Council for Teacher Education (NCTE) Regulations prescribe only the minimum standards for admission eligibility and do not prohibit States from prescribing higher qualifications through policy, provided the prescribed qualifications are not below the NCTE threshold. The judgment is set to have wide implications for admissions to D.El.Ed. courses across the State, especially for intermediate-passed candidates who were earlier hopeful of entry based on the NCTE's +2 eligibility norm.

“Training Under Service Rules Means Admission Only After Graduation”: Rule 2(q) Makes Graduate Entry Rational

The Court began by acknowledging the conflict between the NCTE Regulations, 2014 and the State’s Government Order but harmonized the two by referring to Clause 3.3 of Appendix-2 of the NCTE Regulations, which states, “admission shall be made... as per the policy of the State Government”. This, according to the Court, legally empowers the State to prescribe graduation as the entry qualification.

The Court made a crucial observation regarding Rule 2(q) of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981, which defines “training” as a course for which graduates are eligible for admission. In this context, the Bench observed:

“Though service rules, at first instance, appear to be meant for appointment of Assistant Teachers in Basic Schools, ‘training’ itself has been given due weightage and the intention of law is that even for a training course... it is the graduates who are eligible.”

This definition, not challenged by the respondents, was held to be binding and directly relevant in understanding the eligibility for teacher training programs such as D.El.Ed. The Court added that every Government Order since 1998 has consistently prescribed graduation as the eligibility and such long-standing policy could not be lightly disregarded.

“NCTE Norms Are Not a Ceiling – State Can Prescribe Higher Standards”: Bench Cites Supreme Court Judgment

The Division Bench relied on the Supreme Court’s decision in State of U.P. v. Bhupendra Nath Tripathi, (2010) 13 SCC 203, where it was categorically held that:

“The State, in its discretion, is entitled to prescribe such qualifications as it may consider appropriate... so long as the qualifications so prescribed are not lower than those prescribed by law under the NCTE Act.”

By invoking this precedent, the High Court established that there is no illegality in the UP Government’s prescription of graduation as the minimum eligibility, even though the NCTE's Appendix-2 allows higher secondary (+2) as the basic qualification. The Court emphasized that NCTE lays down minimum norms, but States are free to raise the bar to ensure higher educational standards.

“No Evidence That DIETs Conduct D.El.Ed. (Special Education); Equality Argument Collapses”: Court Discards False Parity

One of the key grounds on which the Single Judge had quashed Clause 4(1) was the supposed discriminatory treatment between candidates applying for regular D.El.Ed. and those for D.El.Ed. (Special Education). The Court dismissed this line of reasoning as factually incorrect, stating:

“There is no course conducted in the name of D.El.Ed. (Special Education) by DIET or any other institution. Normally, a special course run in any institution can only be recognized by the Rehabilitation Council of India (RCI).”

The Court held that the equivalence drawn between D.El.Ed. and D.El.Ed. (Special Education) by the learned Single Judge was based on a false parity, as there was no material on record to show that the two courses were being offered in the same institutional setup or governed by the same regulatory frameworks. Therefore, the entire foundation of the Article 14 violation claim was unsustainable.

“Prescription Of Qualification Linked With Teacher Appointments Is Not Arbitrary”: Education Policy And Service Rules Must Be Read Together

Drawing upon the National Education Policy, 1986, especially Clause 9.4 which states that “pre-service and in-service training are inseparable”, the Court observed that training qualifications must be linked with the eligibility for appointment, and cannot be seen in isolation. The Bench stated:

“Conditions of ‘preservice’ and ‘during service’ cannot be segregated... the qualifications prescribed by NCTE or under the regulations cannot be read in isolation but in consonance with the minimum eligibility criteria laid down for appointment.”

It further noted that the consistent reference to graduation in all previous Government Orders — including those dated 19.05.1998, 14.05.2010, 26.05.2023, and the impugned order dated 09.09.2024 — was a clear indicator that there was no sudden or arbitrary shift in policy.

The Court said that “the changed nomenclature from B.T.C. to D.El.Ed. does not alter the eligibility requirement”, which has always been graduation since the inception of the training program.

“No Opportunity To Respond to Amended Writ – Judgment Rendered in Haste Violates Natural Justice”: Court Faults Procedure of Single Judge

A procedural aspect also played a critical role in the outcome. The Court noted that after the respondents amended their writ petition to directly challenge the 09.09.2024 Government Order, no time was given to the State to file a counter affidavit, and the petition was decided the very next day. The Division Bench found this deeply problematic:

“The amended writ petition was decided within a week from the date of allowing the amendment application, and hence, the appellants were deprived of defending the Government Order dated 09.09.2024.”

This procedural unfairness was held to be an additional reason to overturn the Single Judge's decision, as it violated the principles of natural justice and procedural fairness required in adjudicating constitutional validity.

“Graduation Degree Is The Foundation, Not An Impediment”: Court Rejects Challenge Based on Rules of 1978

The respondents had argued that the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 did not require graduation as an eligibility for all training courses, including D.El.Ed. The Court dismissed this argument by pointing to Rule 4(1) of the 1978 Rules, which clearly mentions that:

“The minimum qualification for the post of Assistant Teacher... shall be a graduation degree from a University recognised by UGC, and a teacher’s training course...”

According to the Bench, this rule too envisions a graduation-plus-training model, meaning that the training course is an additional eligibility, not an alternative to graduation. The argument that Intermediate-level candidates should be allowed entry based on a different interpretation of training under the 1978 Rules was rejected as untenable.

The Allahabad High Court's ruling sets an important precedent on the interface between central regulatory norms and state-level policy discretion in the field of teacher education. It decisively holds that States can validly prescribe higher qualifications than those set by the NCTE, as long as they do not dilute the minimum standards.

The decision reinforces the State’s authority to maintain quality in its education system, aligns teacher training eligibility with service rules, and corrects what the Court saw as a factually incorrect and procedurally flawed decision by the Single Judge.

With this ruling, graduation remains the gateway for aspirants seeking admission to the D.El.Ed. course in Uttar Pradesh, as it has been since 1998.

Date of Decision: 3rd November 2025