Teacher Training under NIOS for Compliance with Right to Education Act, 2017: Supreme Court Ruling on 18-Month D.El.Ed (ODL)
GOVERNMENT OF INDIA
MINISTRY OF EDUCATION
DEPARTMENT OF SCHOOL EDUCATION & LITERACY
LOK SABHA
UNSTARRED QUESTION NO:- 238
ANSWERED ON-05/02/2024
Employment to D.EL.Ed. Holding Teachers
SHRI SANJAY JADHAV
SHRI VINAYAK RAUT
SHRI OMPRAKASH BHUPALSINH
ALIAS PAWAN RAJENIMBALKAR
Will the Minister of EDUCATION be pleased to state:
(a) the provisions made by the Government under the Right of Children to Free and Compulsory Education (Amendment) Bill 2017 and whether the said law has been implemented in the country;
(b) whether it is a fact that even after the recognition given to NIOS for D.EL.Ed. (Diploma in Elementary Education) by the National Council for Teacher Education, the same has not been published in the Gazette of India and if so, the reasons therefor;
(c) the time by which the same is likely to be published in Gazette of India;
(d) whether the Government has passed any Bill for appointment to NIOS D.EL.Ed. holders to the post of teachers after completing the prescribed training;
(e) the reasons for not appointing D.EL.Ed. holder teachers despite imparting training to all the Government and Non- government untrained teachers of the country under the Right to Education Act, 2009;
(f) the number of Government and Non-Government teachers who took training along with those given employment, State-wise; and
(g) the details of the immediate action taken by the Government to ensure that all the remaining selected candidates are given employment/appointment?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF EDUCATION
(SMT. ANNPURNA DEVI)
(a) to (g): The Right of Children to Free and Compulsory Education (Amendment) Act, 2017 provides that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down in the Act, shall acquire such minimum qualifications by 31.03.2019. Accordingly, the Northern Regional Committee (NRC) of NCTE granted recognition to National Institute of Open Schooling (NIOS) under NCTE (Recognition Norms & Procedure) Regulations, 2014 for D.El.Ed (ODL) program through SWAYAM portal of Ministry of Education (MoE) for training of in-service teachers subject to fulfilment of certain conditions vide NRC, NCTE’s order dated 22nd September, 2017. The order is uploaded on the website of NCTE and NIOS.
The number of teachers who took training under the 18-month (ODL) course conducted by NIOS is given at ANNEXURE.
MoE and the National Council for Teacher Education (NCTE), had circulated to all States/UTs to consider the 18-month D.El.Ed (ODL) conducted by NIOS for fresh appointment in compliance of the judgement dated 21.01.2020 passed in CWJC No. 19842 of 2019 by the Hon’ble High Court of Judicature at Patna. However, the Hon’ble Supreme Court vide judgement dated 28.11.2023 issued in SLP(C) Nos. 23583-84 of 2022 has held that the 18 month D.El.Ed (ODL) is not equivalent to the regular 2 year D.El.Ed Course.
ANNEXURE
ANNEXURE REFERRED TO IN PART (a) to (g) OF THE LOK SABHA UNSTARRED QUESTION NO. 238 FOR 05TH FEBRUARY, 2024 ASKED BY HON’BLE MEMBERS OF PARLIAMENT SHRI SANJAY JADHAV AND OTHERS REGARDING “EMPLOYMENT TO D.EL.ED HOLDING TEACHERS”.
State-wise Number of D.El.Ed. Candidates |
||
| Name of the State/UT | Total Enrolled | Total Passed |
| Andaman and Nicobar Islands | 81 | 71 |
| Andhra Pradesh | 4192 | 3895 |
| Arunachal Pradesh | 3658 | 3489 |
| Assam | 104803 | 101765 |
| Bihar | 261558 | 251706 |
| Chandigarh | 282 | 270 |
| Chhattisgarh | 49798 | 48007 |
| Dadra and Nagar Haveli | 257 | 241 |
| Daman and Diu | 106 | 93 |
| Delhi | 326 | 298 |
| Goa | 708 | 675 |
| Gujarat | 7846 | 7471 |
| Haryana | 2629 | 2427 |
| Himachal Pradesh | 6021 | 5871 |
| Jammu and Kashmir | 2394 | 1955 |
| Jharkhand | 63539 | 61278 |
| Karnataka | 2649 | 2510 |
| Kerala | 532 | 514 |
| Madhya Pradesh | 150948 | 140886 |
| Maharashtra | 5005 | 4489 |
| Manipur | 22428 | 22033 |
| Meghalaya | 23701 | 22339 |
| Mizoram | 5580 | 5162 |
| Nagaland | 4288 | 3970 |
| Odisha | 50315 | 47911 |
| Puducherry | 174 | 160 |
| Punjab | 7555 | 7127 |
| Rajasthan | 33900 | 32823 |
| Sikkim | 3424 | 3076 |
| Tamil Nadu | 21218 | 19931 |
| Telangana | 13901 | 12921 |
| Tripura | 7600 | 7266 |
| Uttar Pradesh | 154082 | 146544 |
| Uttarakhand | 29925 | 28856 |
| West Bengal | 157407 | 153336 |
| Total | 1202830 |
1151366 |
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