The Nainital High Court has given a big relief to the candidates who have received D.El.Ed training from the National Institute of Open Schooling (NIOS). The court has ordered to include them in the recruitment process being done in relation to the posts of assistant teachers in government primary schools.
The court has also set aside the order dated February 10, 2021 of the Secretary Education Department. The government has also been ordered to pay a compensation of two thousand rupees to each of the petitioners. With this order of the court, 37 thousand NIOS of the state.
A division bench of Chief Justice Vipin Sanghi and Justice RC Khulbe heard the petitions of Nainital residents Nandan Singh Bohra, Nidhi Joshi, Ganga Devi, Suresh Chandra Gururani, Sangeeta Devi, Gurmeet Singh and many others. The petition challenged the state government’s mandate dated 10 February 2021. The petitioners said that they have received D.El.Ed training through distance education mode of NIOS in 2019.
This degree is recognized by the Ministry of Human Resources, Government of India and NCTE. On 16 December 2020, the Ministry of Human Resources, 6 January 2021 NCTE and on 15 January 2021 the Education Secretary had asked them to include them in the recruitment of Assistant Teacher Primary. After this, the Education Secretary excluded him from counseling citing no clear guide line in the order issued on 10 February 2021. Before this order, all the educational certificates of the petitioners had been submitted.
It was said on behalf of the petitioners that the recruitment process for 2648 posts in Assistant Teacher Primary is in progress, so they should be included in this process. Senior advocate CD Bahuguna, appearing for the petitioners, argued in the court that the order of the secretary is liable to be set aside as it is contrary to the order of 16 December 2020 and NCTE on 6 January 2021.
Bahuguna said that NCTE has the first right to determine the qualification for appointment to the posts of Assistant Teacher (Primary). The State Government is bound to comply with the orders and instructions of NCTE. It was said on behalf of the government that there is no provision in the Assistant Teacher (Primary) Service Rules to include candidates who have received D.El.Ed training through distance education medium. After hearing the parties, the Division Bench of the High Court, while finally disposing of all the petitions, set aside the order dated 10 February 2021 of the Secretary Education Department.
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