JAIVEER SINGH AND OTHERS versus THE STATE OF UTTARAKHAND AND OTHERS

Citation: [2023] 15 S.C.R. 597 · Decided: 28-11-2023 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

[2023] 15 S.C.R. 597 : 2023 INSC 1024
597
CASE DETAILS
JAIVEER SINGH AND OTHERS
v. 
THE STATE OF UTTARAKHAND AND OTHERS
(Civil Appeal No. 7871-7872 of 2023)
NOVEMBER 28, 2023
[B. R. GAVAI AND PRASHANT KUMAR MISHRA, JJ.]
HEADNOTES
Issue for consideration: Whether the High Court was justifi ed 
in holding that 18 months Diploma in Elementary Education-D.El.Ed 
conducted by National Institute of Open Schooling-NIOS through Open and 
Distance Learning-ODL mode is equivalent to the 2 years regular Diploma 
in elementary education as required under the Notifi cations of National 
Council for Teacher Education-NCTE.
 Right of Children to Free and Compulsory Education Act, 2009 
– s. 23 – Qualifi cations for appointment and terms and conditions of 
service of teachers – Minimum qualifi cations for a person to be eligible 
for the appointment as teachers prescribed by National Council for 
Teacher Education-NCTE – Thereafter, issuance of Service Rules, 2012 
and were amended time to time – Department of Higher Education-
MHRD issued a letter directing that all the teachers in Government 
Schools must possess minimum qualifi cations as mandated and a last 
chance was given to all teachers to acquire the same till March 31, 2019 
– Subsequently, NCTE issued a recognition order, thereby conducting 
Diploma in Elementary Education-D.El.Ed programme through Open 
and Distance Learning-ODL mode by National Institute of Open 
Schooling-NIOS which reduced the duration of diploma from 2 years to 
18 months – Thereafter, an offi  ce order by NIOS directing its Regional 
Directors to implement D.El.Ed. course for training of Untrained In-
service teachers – Subsequently, issuance of advertisement for posts 
of Assistant Teachers in Primary Schools – Minimum qualifi cation 
for the post was 2 years Diploma in D.El.Ed.– In the meantime, order 
passed permitting the candidates who passed 18 months Diploma of 
NIOS to apply for the post of Assistant Teacher (primary) against the 
598 
SUPREME COURT REPORTS 
[2023] 15 S.C.R.
vacancies issued – However, the said order was recalled – Writ petitions 
challenging the same – High Court held that the 18 months Diploma in 
D.El.Ed. conducted through the ODL mode in elementary education 
by the NIOS is a valid Diploma for applying to the post and that, in 
respect of the in-service teachers, who have undergone the 18 months 
D.El.Ed. programme cannot discriminated by debarring them from 
their candidatures – Challenged to, by the candidates who are holding 
the 2 years diploma in elementary education:
Held: Government cannot amend or supersede statutory rules by 
administrative instructions, but if the rules are silent on any particular 
point, it can fi ll up the gaps and supplement the rules and issue instructions 
not inconsistent with the rules already framed – An authority cannot issue 
orders/offi  ce memorandum/executive instructions in contravention of the 
statutory rules – However, instructions can be issued only to supplement the 
statutory rules but not to supplant it – NCTE recognition order was issued 
so as to give eff ect to the directives of MHRD so as to provide a one-time 
window to the teachers who were already working and who in terms of the 
2017 Amendment Act were required to acquire the minimum qualifi cations 
prior to 01.04.2019 else would have faced dismissal from service – Said 
order, cannot be held to be a direction to the State to act in contravention 
of its 2012 Service Rules and the advertisements issued on the basis of 
such Service Rules – Finding of the High Court that the 18 months D.El.
Ed. Diploma conducted by NIOS is equal to 2 years Diploma is erroneous 
– There is no notifi cation to that eff ect issued by NCTE in supersession 
of its notifi cations providing minimum 2 years Diploma as a minimum 
qualifi cation for appointment of teachers – NCTE, as an expert body, has 
a right to prescribe the minimum qualifi cations, and by the notifi cations, 
NCTE has done so – Thus, the impugned judgment and order passed by the 
High Court is quashed and set aside – Elementary Teachers Uttarakhand 
Government Elementary Education (Teacher) Service Rules, 2012. [Para 
34-36, 41-43]
LIST OF CITATIONS AND OTHER REFERENCES
Sanjay Kumar Yadav and Others v. State of Bihar, CWJC No. 19842 
of 2019; Sri Raju Nama and Others v. The State of Tripura and Others, 
WP(C)No. 87 of 2020 – disapproved.
599
Ram Sharan Maurya v. State of U.P., (2021) 5 SCC 401 – held 
inapplicable.
Employees’ State Insura

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