Yearender: Major Changes in Teacher Recruitment Validity in 2023; Check Supreme Court Judgement Here

Major Changes in Teacher Recruitment Validity: In 2023, two major judgments came from the Supreme Court of India, which changed the eligibility criteria for the post of primary teachers.

The first one came on August 11, 2023, and stated that B.Ed-qualified candidates will no longer be eligible to apply for the post of teachers in Government Elementary Schools. Only BTC (Basic Teacher Certificate) qualified candidates can apply for these positions.

The other one came on November 28, 2023, which maintained that candidates having an 18-month Diploma in Elementary Education (D.El.Ed.) from the National Institute of Open Schooling (NIOS) are not eligible for Primary Teacher Posts. 

In this article, we will discuss both the verdict and their impact on candidates in detail.

1. Verdict of Supreme Court on BEd vs BTC Case

The bench of Justice Anirudh Bose and Justice Sudhanshu Dhulia gave the verdict that only BTC Diploma holders are eligible to apply for primary teacher posts and invalidated the Central Government’s notification concerning REET Level 1 recruitment. 

Through this ruling, the apex court made it very clear that the BEd-qualified candidates will no longer be eligible to apply for the primary teacher positions.

In Its order, the bench mentioned “B.Ed. is not a qualification for teachers at Primary level of schooling. The pedagogical skills and training required from a teacher at the Primary level are not expected from a B.Ed. trained teacher. They are trained to teach classes at higher levels, post-primary, secondary and above. For the Primary level i.e. class I to class V the training is D.El.Ed or what is known as diploma in elementary education. It is a D.El.Ed. training course which is designed and structured to impart skills in a teacher who is to teach Primary level of students. Therefore, by implication the inclusion of BEd. as a qualification amounts to lowering down of the ‘quality’ of education at Primary level. ‘Quality’ of education which was such an important component of the entire elementary education movement in this country, which we have discussed in the preceding paragraphs of this order.”

Background of the Case

The controversy originated from a notification by the National Council for Teacher Education (NCTE) in the year 2018. NCTE had issued a notification that considered B.Ed. degree holders eligible for REET Level 1 as well. 

After the notification of NCTE, the Rajasthan government released the notification of the Rajasthan Teachers Eligibility Test (RTET). BEd students were declared ineligible for primary teachers in this notification.

The eligibility criteria were challenged in the Rajasthan High Court, which gave the verdict in favour of the Rajasthan government and kept BEd students ineligible for primary teacher posts. 

Further, the Supreme Court also affirmed the verdict of the High Court.

Impact on CTET Eligibility Criteria 2023 for Primary Teacher Recruitment

The impact of this decision on CTET-qualified individuals is such that those with a B.Ed qualification who have previously taken the CTET exam will no longer be eligible for future primary teacher vacancies. Additionally, it is expected that there will be a notable shift in the number of candidates participating in the CTET exam, with an expected increase in BTC-qualified candidates and a decrease in B.Ed-qualified candidates. This change arises from the fact that BTC-qualified candidates will be the only eligible applicants for primary teacher positions.

2. What is the verdict of the Supreme Court on NIOS DElEd?

The two-judge bench comprising Justice P. K. Mishra and Justice B.R. Gavai said that the finding of the High Court that the D.El.Ed. (ODL) course in Elementary Education conducted by NIOS is equal to 2 year diploma is erroneous.

The bench observed that “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 so, 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 September 6th 2019 of NCTE, the directives of MHRD so also the recognition order dated September 22nd 2017 clearly go on to show that the 18 months Diploma was provided as a one-time window to 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 equivalent to 18 months Diploma.”

Background of the Case

In February 2021, a disagreement emerged when the Department of Elementary Education in Uttarakhand revoked its prior decision permitting applicants with an 18-month NIOS diploma to apply for the primary teacher’s post. This decision was challenged in the High Court, which upheld the acceptability of the NIOS 18-month Diploma earned through Open and Distance Learning (ODL) for the said position. Individuals who completed the two-year diploma then moved to the Supreme Court.

How will the Supreme Court verdict on NIOS DElEd affect the candidates?

The Kendriya Vidyalaya Sangathan (KVS) will reassess the provisional list of selected candidates for the Primary Teacher recruitment process following a recent Supreme Court decision impacting the eligibility of National Institute of Open Schooling (NIOS) Diploma in Education (DElEd) program completers. While this ruling may be disheartening for some hopefuls, it’s crucial to emphasize that those already appointed as primary teachers remain unaffected. The KVS is committed to taking all required measures to ensure the recruitment process aligns with the law.