VISHWANATH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this application, the applicants have approached this Court for a direction on the respondent to permit the applicants who are holding the 18 months D.El.Ed. qualification from the National Institute of Open Schooling (NIOS) under the Open and Distance Learning (ODL) mode to participate in the ongoing counselling process and to subsequently be appointed to the vacant posts in the ongoing recruitment.

(2.) The case has a chequered history.

(3.) In 2017, an amendment had been carried out to the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "RTE Act") vide which clause (2) was inserted in Sec. 23 of the said Act. The Right to Free and Compulsory Education (Amendment) Act, 2017 was made retrospectively applicable from 31/3/2015. It was provided that every teacher who had been appointed or was in service as on 31/3/2015 but did not possess the minimum qualifications of two years as laid down under subsection (1) of Sec. 23 would acquire such minimum qualifications within a period of four years from the date of commencement of the Amendment Act, 2017.