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Vishwanath v. The State of Uttarakhand

Not available · 2025 INSC 365Decided 5 Mar 2025
T.P.(C) No.-000042-000043 - 2025
Justice B.R. Gavai

Background

A batch of applicants held an 18-month D.El.Ed. teacher-training diploma obtained through NIOS's Open and Distance Learning mode, a qualification created as a one-time relaxation for teachers already in service as of 10 August 2017. After the Supreme Court's 2023 ruling in Jaiveer Singh upheld Uttarakhand's rule requiring a full two-year diploma for new recruitment, and a later December 2024 clarification confirmed the 18-month diploma remained valid for such teachers when applying to other institutions, these applicants argued the State should still consider them eligible for a 2024 recruitment drive, even though the State's ongoing selection process was almost complete.

Decision Breakdown

The Court held that its own December 2024 clarification order squarely covered the applicants' situation: teachers who were already in service as of 10 August 2017 and had completed the 18-month diploma are entitled to be treated as valid diploma holders for applying to other institutions, including State-run schools. It therefore directed the Uttarakhand government to consider the applicants' claims under that clarification and appoint those found eligible within three months, while making clear this could not be used to reopen or disturb the selection process already completed for other candidates. The related transfer petitions and pending Uttarakhand High Court writ petitions were disposed of as satisfied by these directions.

Lesson Learnt

A one-time regulatory relaxation created to protect in-service employees from a sudden qualification cut-off can continue to have legal force in later recruitment rounds if the Supreme Court has expressly clarified its scope, but such relief will not be allowed to unsettle a selection process that has already reached finality for other candidates.

Official source (sci.gov.in)View Judgment (PDF)

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