KOUSIK DAS & ORS. versus STATE OF WEST BENGAL & ORS.

Citation: [2025] 4 S.C.R. 695 · Decided: 04-04-2025 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2025] 4 S.C.R. 695 : 2025 INSC 448
Kousik Das & Ors. 
v. 
State of West Bengal & Ors.
(Civil Appeal No. 4963 of 2025)
04 April 2025
[B.R. Gavai* and Augustine George Masih, JJ.]
Issue for Consideration
Whether in light of the judgment of this Court in the case of Jaiveer 
Singh & Ors. v. The State of Uttarakhand & Ors. and the order of 
this Court in the case of Viswanath v. The State of Uttarakhand & 
Ors. the impugned judgment and order of the High Court is liable 
to be quashed and set aside.
Headnotes†
Right of Children to Free and Compulsory Education Act, 2009 – 
s.23 – NCTE (Recognition, Norms and Procedure) Regulations, 
2014 – A notification dated 29.09.2022 was issued by the WBBPE 
for the recruitment of qualified trained candidates to the posts 
of Assistant Teachers in Government Aided/Government 
Sponsored/Junior Basic Primary Schools – On 06.07.2023, 
a Writ Petition came to be filed before the High Court with a 
prayer that the High Court direct the respondent-authorities 
to give preference to such of the candidates who have 
completed their D.El.Ed. programme over a period of 2 years 
from recognized institutions over those candidates who have 
obtained their D.El.Ed. through the 18 months programme 
by NIOS – The Single Judge of the High Court directed the 
WBBPE to not recruit any teachers holding D.El.Ed. issued 
by NIOS under ODL mode i.e., the 18 months course from the 
recruitment process of the year 2022 onwards – The Division 
Bench of the High Court dismissed the intra-court appeal – 
Correctness:
Held: Though the Single Judge of the High Court placed reliance 
on paragraph 56 of the judgment of this Court in the case of 
Jaiveer Singh it came to the wrong conclusion inasmuch as it 
put a blanket ban on all teachers holding an 18 months D.El.Ed. 
* Author
696
[2025] 4 S.C.R.
Supreme Court Reports
through NIOS – It is clear that the judgment of this Court in the 
case of Jaiveer Singh unequivocally held that the entire scheme 
emanating from the NCTE Recognition Order dated 22.09.2017 
was for the purpose of providing a window to the in-service 
teachers inasmuch as unless they would have acquired requisite 
qualifications prior to 01.04.2019, they would not have continued to 
remain in service and would have faced dismissal from service – 
As such, any teacher who was inservice as on 10.08.2017 and 
who acquired the qualification of D.El.Ed. by way of the 18 months 
programme through NIOS prior to 01.04.2019 is a valid diploma 
holder and at par with any other teacher who has completed the 
2 years D.El. Ed. Programme – Also, by order dated 10.12.2024 
in batch of Review Petitions and Miscellaneous applications filed 
in case of Jaiveer Singh, this Court clarified that the 18 months 
diploma obtained by such persons, who were in employment as 
on 10.08.2017 and who have completed the diploma course of 18 
months, would be treated as valid diploma holders for the purpose 
of applying in other institutions or for promotional avenues  – 
Thereafter, again on 05.03.2025, this Court faced with a similar 
situation in IA No.37419 of 2025 in T.P. (C)No. 42-43 of 2025 titled 
as Viswanath v. The State of Uttrakhand & Ors. held that such 
of the teachers who were in employment as on 10.08.2017 and 
who had undertaken the 18 months D.El.Ed. through NIOS would 
be treated as valid diploma holders for the purposes of applying 
to other institutions or for promotional avenues – Therefore, in 
light of the judgment of this Court in the case of Jaiveer Singh 
so also the order dated 10.12.2024 in the case of Viswanath, the 
impugned judgment and order of the High Court is not sustainable. 
[Paras 32, 33, 36, 38, 39]
Case Law Cited
Jaiveer Singh & Ors. v. The State of Uttarakhand & Ors. [2023] 
15 SCR 597 : 2023 SCC Online SC 1584; Viswanath & Ors. 
v. The State of Uttarakhand & Ors., Review Petition (C)  
No. … of 2024 [Diary No. 4961/2024]; Viswanath v. The State of 
Uttarakhand & Ors., IA No. 37419 of 2025 in T.P. (C) No. 42-43 
of 2025 – referred to.
List of Acts
Right of Children to Free and Compulsory Education Act, 2009; 
NCTE (Recognition, Norms and Procedure) Regulations, 2014.
[2025] 4 S.C.R. 
697
Kousik Das & Ors. v. State of West Bengal & Ors.
List of Keywords
Recruitment; Blanket ban; Qualification; Diploma holder; Promotional 
avenues; Government/Government Aided/Unaided-Private Schools; 
Untrained teachers; Requisite minimum qualifications.
Case Arising From
CIVIL APPELLATE JURISDICTION: C
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