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Supreme Court of India 2023-11-28 allowed

JAIVEER SINGH AND OTHERS vs THE STATE OF UTTARAKHAND AND OTHERS

Bench: 2 — B.R. Gavai, Prashant Kumar Mishra

In Brief

This case concerns the eligibility of teachers who completed a 18-month Diploma in Elementary Education (D.El.Ed.) through distance learning via NIOS to apply for Primary Teacher positions in Uttarakhand. The state had prescribed a 2-year diploma as the minimum qualification. The High Court had allowed these candidates to apply, holding the 18-month diploma equivalent. The Supreme Court reversed this, holding that the 18-month course was a one-time window for existing untrained teachers to meet the 2019 deadline under the 2017 RTE Amendment Act, not a permanent alternative qualification. The Court found no evidence of equivalence from the expert body NCTE and held that states can prescribe qualifications equal to or higher than central minimums.

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