Smt. Anindita Ganguly and 17 Ors. vs The State of Tripura and 6 Ors.

TRHC010017572025 2026:THC:561
HIGH COURT OF TRIPURA
AGARTALA


WP(C) No.603 of 2025






1. Anindita Ganguly,
D/O- Ratan Ganguly, R/O- Ram Nagar Road No. 1 near
3rd Crossing, P.O.- Agartala, P.S- West Agartala,
Dist- West Tripura, PIN- 799001.

2. Rekha Das,
D/O- Rabindra Das, R/O- Barjala, P.O- Barjala,
P.S- West Agartala, Dist- West Tripura, PIN- 799002.

3. Ranjit Debnath,
S/O- Khagendra Debnath, R/O- Manikya Nagar,
P.O- Rokhia, P.S- Kalamchowra, Dist.- Sepahijala,
PIN- 799102.

4. Amitava Das,
S/O- Sri Ajit Das, R/O Vill- Durganagar,
P.O and P.S- Khowai, Dist- Khowai, PIN-799201.

5. Anup Kumar Debroy,
S/O- Ajit Kumar Debroy, R/O Vill- Amlapara,
Puran Bazar, P.O and P.S- Khowai, Dist- Khowai,

PIN- 799201.

6. Susmita Nath,
C/O- Lt. Nripendra Kumar Nath, R/O Vill- Sonarerbasa,
Dharmanagar, P.O- Sonarerbasa, Dist- North Tripura,

PIN- 799250.

7. Anamika Roy Choudhury,
D/O- Lt, Ramendra Roy Choudhury, R/O- Chandrapur,
Dharmanagar, P.O- Chandrapur, Dist- North Tripura,
PIN- 799250.

8. Bikram Kumar Singha,
S/O- Bijoy Kumar Singha, R/O- Churaibari,
P.O and P.S-Churaibari, Dist.- North Tripura, PIN- 799262.

9. Sanjoy Jamatia,
S/O- Subhash Chandra Jamatia, R/O- Dulong Bari,
Amarpur, P.O- Chechuajamatiabari, Dist.-Gomati,
PIN- 799101.

10. Rahul Das,
S/O- Lt. Anukul Das, R/O- Birendra Nagar, Jirania,
P.O. Birendra Nagar, G Dist- West Tripura, PIN- 799045.

11. Rakesh Das,
S/O- Niranjan Das, R/O- Kalamkhet, P.O-Urmai,
P.S-Sonamura, Dist- Sepahijala, PIN-799115.

12. Chandra Shekhar Debnath,
S/O- Nepal Debnath, R/O Vill- Sripur, Belonia,
P.O- Hrishyamukh, P.S- Belonia,
Dist.- South Tripura, PIN- 799156.

Page 2 of 12

13. Jikra Khanam,
D/O- Abdul Bari Khan, R/O Vill- Challish Drone,
P.O- Kadamtala, P.S- Kadamtala, Dist.- North Tripura,
PIN- 799261.

14. Abhijit Ghosh,
S/O- Amiya Gopal Ghosh, R/O- Fullchari,
P.O- Kamalpur, Dist- Dhalai, PIN- 799285.

15. Ruma Sarkar,
D/O- Radha Charan Sarkar, R/O- Belabar, Kalitala,
P.O- S.D Mission, P.S- Amtali, Dist.- West Tripura,
PIN- 799003,

16. Ajay Kumar Das,
S/O- Swapan Das, R/O Vill + P.O- Purba Mirza,
P.S- Kakraban, Dist.- Gomati, PIN- 799105.

17. Smt. Ruma Das,
D/O- Lt. Nepal Das, W/O- Sri Sumit Sutradhar,
R/O Vill- Jangalia, P.O and P.S- Bishalgarh,
Dist- Sepahijala, PIN-799102

18. Sri Tapas Paul,
S/O- Sri Dulal Chandra Paul, R/O- Uttar Kalaban,
P.O- Kalaban, P.S- R.K.Pur, Dist.- Gomati, PIN-799125.

…. Petitioner(s).



Versus



1. The State of Tripura,
Represented by its Secretary, School Education
Department, Govt. of Tripura, P.O- Secretariat,
P.S.- New Capital Complex, Dist.- West Tripura,
PIN - 799010

2. The Teachers Recruitment Board, Tripura,
Represented by its Member Secretary, Siksha Bhawan,
Office Lane, P.O- Agartala, P.S- West Agartala,
Dist- West Tripura, PIN- 799001.


3. The Member Secretary,
Teachers Recruitment Board, Tripura, Siksha Bhawan,
Office Lane, P.O- Agartala, P.S- West Agartala,
Dist- West Tripura, PIN- 799001.

4. The Controller of Examinations,
Teachers Recruitment Board, Tripura, Sikhsha Bhawan,
Office Lane, P.O- Agartala, P.S- West Agartala,
Dist.- West Tripura, PIN-799001.

5. The National Council for Teachers Education,
Represented by its Member Secretary, Having office at G-7,
Sector-10, Dwarka, Near Metro Station, New Delhi-110075.

6. The Regional Director,
The National Council for Teachers Education,

Page 3 of 12

Having office at G-7, Sector-10, Dwarka,
Near Metro Station, New Delhi-110075.

7. The National Institute of Open Schooling. (NIOS),
Represented by it's Secretary, Having Office at A-24/25,
Institutional Area, Sector-62, Noida,
Dist.-Gautam Budh Nagar, Uttar Pradesh-201309


…….Respondent(s).


For Petitioner(s) : Mr. Arijit Bhaumik, Adv.
Mr. Uday Das, Adv.


For Respondent(s) : Mr. Dipankar Sarma, Addl. G.A.
Mr. Milan Laskar, Adv.
Date of Hearing &

Delivery of
Judgment and Order : 30.04.2026

Whether fit for
Reporting : NO


HON’BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order (Oral)

Heard Learned Counsel, Mr. A. Bhaumik appearing
on behalf of the petitioners. Also heard Learned Addl. G.A., Mr.
D. Sarma appearing on behalf of the State-respondents and
Learned Counsel, Mr. M. Laskar appearing on behalf of
respondent No.7.
02. At the time of hearing, Learned Counsel for the
petitioners drawn the attention of this Court that this present
case is squarely covered by the judgment delivered by this
Court on 27.02.2026 in WP(C) No.242 of 2025 and WP(C)
No.243 of 2025. To that Learned Addl. G.A. for the State-
respondents submitted that the respondent TRBT is willing to
comply the judgment subject to verify of the past service
rendered by the petitioners of those cases and further fairly

Page 4 of 12

submitted that they shall have no objection if judgment is

passed in this case in the similar direction.
03. The present petitioners have filed the writ petition
seeking the following reliefs:-
(i) Issue Notice upon the Respondents.
(ii) Call for the records.
(iii) Issue Rule calling upon the Respondent to show
cause as to why clause 1(A) and 1(B) of the
Prospectus-cum-Instruction for T-TET 2024 shall not
be held to be illegal and quashed so far as it does not
recognize the 18 months Diploma in Elementary
Education conducted through NIOS in ODL mode
st
within 31 March, 2019 as an eligibility criteria for T-
TET 2024, Paper-I and Paper-II.
AND
Issue Rule Calling upon the Respondent to show cause
as to why a writ of certiorari or any other appropriate
writ shall not be issued for setting aside the rejection
of candidature of the Petitioners at the time of
scrutiny of documents during the process of T-TET
2024, Paper-I/Paper-II.
AND
Issue Rule Calling upon the Respondent to show cause
as to why the 18 months Diploma in Elementary
Education completed by the petitioner from National
Institute of Open Schooling through ODL mode within
st
31 March, 2019 shall not be considered as valid
diploma for the purpose of issuance of TET Certificate
and appointment of teachers at elementary level.
AND
Issue Rule calling upon the Respondent to show cause
as to why the writ of mandamus or any other
appropriate writ shall not be issued mandating the
Respondents to issue TET Certificate in favour of the
Petitioners upon successfully completing Paper-
I/Paper-II of T-TET 2024 considering the 18 months
Diploma in Elementary Education conducted from
NIOS as valid diploma.
(iv) And after hearing the parties, be pleased to
make the rule absolute.
AND

Page 5 of 12

In the interim, be pleased to stay further process of
issuance of TET Certificate for Paper-I and Paper-II of
T-TET 2024 conducted by Respondent No.2 to 4 till
disposal of the connected writ petition.
AND/OR
Pass any other order/orders may deemed fit and
proper.
AND
For this act of kindness your humble Petitioners as in
duty bound shall ever remain grateful.

04. It was the case of the petitioners that the Ministry of
Human Resource Development Department, Government of
rd
India issued a letter dated 3 August, 2017 providing last
chance to untrained in-service elementary teachers to acquire
requisite minimum professional qualification mandated by Right
to Education Act, 2019 failing which such untrained teachers
will be dismissed from service. By the said letter, the
Government of India had provided that all States and Union
Territories will be responsible for ensuring that all in-service
untrained teachers of Government/Government aided/unaided
private schools acquire the minimum professional qualification
st
within 31 March, 2019 through the open and distance learning
programme of NIOS and was mandatory for all in-service
elementary level untrained teachers to undertake D.El.Ed
programme only through ODL programme conducted by the
NIOS. The said letter also indicated that it would be the last
opportunity to in-service untrained elementary level teachers
to acquire the minimum qualification failing which their service
st
shall be terminated w.e.f. 1 April, 2019 by Clause 4 of the

Page 6 of 12

rd
letter dated 3 August, 2017 of the Central Government and as
rd
per the said time line the course was to commence from 3
nd
October, 2017 and the 2 term of the course was to be
st
completed by 31 March, 2019.
05. Accordingly, in pursuance of the said letter the
amendment was carried out In Right of Children To Free And
th
Compulsory Education Act, 2009 notified on 9 August, 2017.
By the said amendment a proviso was inserted under sub-
section 2 of Section 23 of Right of Children to Free and
Compulsory Education Act 2009.
th
06. The amendment of the said act was notified on 9
st
August, 2017 and was given effect from 1 day of April, 2015.
After the amendment was carried out the NCTE was entrusted
rd
to carry out the object of the letter dated 3 August, 2017
issued by Ministry of Human Resource Development,
th
Government of India. From 9 August, 2017 NCTE had only
st
about 18 months till 31 March, 2019 to complete the process
of training of Elementary Level in-service teachers and
accordingly NCTE on recommendation of the expert committee
reduced the duration of D.El.Ed Course from 2 years to 18
months relaxing the requirement of 6 months internship as the
course was for teachers who are in service by recognition order
nd
dated 22 September, 2017 the National Council for teachers
education entrusted NIOS to conduct the programme of
D.El.Ed through ODL mode. By the same order the NCTE
reduced the duration of the course from 2 years to 18 months

Page 7 of 12

by relaxing the 6 months internship which was to be subsumed
within the duration of 18 months.
07. Thereafter, NIOS conducted 18 months D.El.Ed
Programme through online distance mode via the SWAYAM
PORTAL of MHRD for training the in-service untrained teachers
st
by 31 March, 2019. As per the time line provided by the
rd
MHRD in its letter dated 3 August, 2017 the NIOS conducted
st
and completed the 18 months D.El.Ed course within 31 March,
2019. It was highlighted that as per the timeline provided by
rd
MHRD in its letter dated 3 August, 2017 the NIOS was to
nd st
complete the 2 Term of the course within 31 March, 2019
and accordingly the second term was completed by the said
period. The result for the 18 months D.El.Ed course was
published on 22.05.2019.
08. The petitioners on that relevant point of time were
serving in private aided/unaided schools at elementary level
and as per the direction of MHRD, the petitioners had to
mandatorily undergo the 18 months D.El.Ed course which was
approved by the MHRD and NCTE.
09. The petitioners also underwent D.El.Ed course
which was conducted by NIOS under the said special measure
st
or arrangement conducted by MHRD and NCTE within 31
March, 2019.
10. The Teachers Recruitment Board Tripura issued
Prospectus-Cum-Instruction for Teachers eligibility Test, Paper-
I and Paper-II, T-TET, Paper-I is for teachers from classes I-V

Page 8 of 12

and T-TET Paper-II is for Teachers for classes VI-VIII.
Accordingly, the petitioners having the required academic
qualifications and professional qualification of 18 months
D.El.Ed Course completed by them applied for T-TET Paper-I/
Paper-II.
11. Thereafter, the TRBT issued admit card in favour of
the petitioners. The petitioners appeared in the written
examination on the date and venue provided by the Admit
Card and the petitioners were successful in the written exam
and scored above the qualifying marks.
12. After that, the TRBT issued notice dated 26.06.2025
for scrutiny of mark sheets/ certificate/ documents of the
candidates who passed T-TET 2024 and accordingly as per the
said notice dated 26.06.2025 the petitioners appeared before
the TRBT for scrutiny of mark-sheets/ certificates/ documents.
but the TRBT rejected the candidature of the petitioners stating
that the result of the 18 months D.El.Ed course undergone by
st
the petitioners was not published within 31 March, 2019.
Hence, the petitioners filed this writ petition, seeking the reliefs
as stated above.


13. The State-respondents contested the case by filing
counter-affidavit denying the assertions of the writ petitioners.
14. However, at the time of hearing, Learned Counsel
for the petitioners relied upon a judgment passed by this Court
in WP(C) No.242/2025 and WP(C) No.243/2025. For the sake

Page 9 of 12

of convenience, the operative portion of the same judgment
runs as follows:-
“15. I have gone through the judgment referred by the
parties. By order dated 10.12.2024 in
Viswanath(supra), Hon’ble the Supreme Court has
very specifically mentioned that 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 and that
clarification itself shows that Hon’ble the Supreme
Court granted one time window to the in-service
untrained teachers to acquire the minimum
qualifications. Since the present petitioners were in
employment on 10.08.2017 and as such, the stand of
the State-respondents that the 18 months D.El.Ed
course completed by the present petitioners cannot be
treated as valid and also cannot be sustained in the
eye of law. Furthermore, since the NCTE by
recognition order dated 22.09.2017 has acknowledged
the said D.El.Ed course through NIOS in respect of in-
service untrained teachers at elementary level
working in government/government aided and
unaided private schools in the country and the same
has been acknowledged by the Government of India,
Ministry of Human Resource Development, as such,
there is no such scope on the part of the State-
respondents to take a different stand. In this regard
as already stated, a communication was forwarded by
Deputy Secretary to the Government of India, Ministry
of Human Resource Development to the Chairperson,
NCTE wherein it was specifically mentioned that
regarding training of untrained in-service elementary
teachers in the Government/Government
aided/unaided private schools, an amendment to
Section 23(2) of the RTE Act to extend the period for
such training to 31st March, 2019 has been passed by
the Parliament. It was further stated that NIOS will be
only singular organization responsible for conducting
the online D.El.Ed programme through SWAYAM portal
for all in-service untrained teachers and the tentative
number of in-service untrained teachers was around

Page 10 of 12

11 lakhs and the NIOS was to complete all the
academic activities by 31st March,2019. It was further
mentioned that the D.El.Ed course will be from 3rd
Oct, 2017 to 31st March, 2019. The duration of the
course will be for 18 months. As the D.El.Ed.
programme is of 2 years, NCTE shall allow subsuming
6 months internship period within the duration of the
proposed Online course through SWAYAM portal as all
the teachers are in-service and are/were already
teaching. Also, from the contents of the
communication dated 03.08.2017, it is very much
specific that the decision was taken by the Parliament
after amendment of Section 23(2) of the RTE Act
regarding extension of training till 31st March, 2019.
Since the petitioners fulfilled all the criteria and
undergone training within the stipulated period as
desired by NCTE, so, in the considered opinion of this
Court, the respondent-authority cannot take a
different stand ignoring the guidelines and decision of
the Government of India as well as the NCTE being the
sole academic authority to formulate academic
guidelines for appointment of teachers across the
country.
16. Situated thus, there was no such scope on the
part of the respondent authority not to include the
names of the petitioners in the final selection list as
qualified/selected for appointment to the posts of
Graduate and Undergraduate teachers.
17. In the result, both the writ petitions filed by the
petitioners are hereby allowed. The respondent-
authority is hereby asked to include the name of the
petitioners in the recommended list dated 03.04.2025
for recruitment to the post of Graduate Teacher and
Under Graduate Teachers for which the petitioners
have applied, within a period of 6(six) weeks from the
date of passing of this judgment/order.
With this observation, both the writ petitions
stand disposed of.
Pending application(s), if any, also stands
disposed of.”

15. At the time of hearing, as already stated Learned
Counsel for the petitioners further submitted that this present

Page 11 of 12

case is squarely covered by the aforesaid judgments of this
Court and urged for passing judgments in this writ petition in
the same way.
16. Learned Addl. G.A. appearing for the State-
respondents although admitted the said fact and produced an
office note and referring the same Learned Addl. G.A. drawn
the attention of the Court that the TRBT has to verify the past
service of the candidates by visiting the concerned districts
where their institutions belong and urged before the Court to
pass a direction in that regard.
17. I have heard both the sides and perused the
relevant papers submitted with the writ petition as well as the
counter-affidavit and the documents submitted by the State-
respondents and respondent No.7 as well as the rejoinder filed
by the petitioners. Respondent No.7 did not separately file any
counter-affidavit but fairly submitted that he stands agree with
the judgment passed by this Court in the aforenoted case.
18. So, after hearing both the sides this present writ
petition is allowed with a direction to the respondent authority
to issue TET Certificates in favour of the petitioners in the light
of the judgments passed by this Court as stated supra within a
period of 6 (six) weeks and also to allow the present writ
petitioners to appear in the recruitment process against the
notification dated 21.02.2026 [ Annexure-1 ] issued by TRBT
vide No.F.2(1-18)GEN/TRBT/REC/2024/108 which has been
allowed by order dated 24.02.2026 passed by this Court in I.A.

Page 12 of 12

No.02 of 2026. However, liberty is given to the respondents to
verify the past service of the petitioners to ensure as to
whether on 10.08.2017, the petitioners of this case were in
employment or not in Government/ Government aided/
unaided private schools also in their respective districts.
Accordingly, the aforesaid order passed in the I.A.
stands affirmed in favour of the present petitioners.
With this observation, this writ petition stands
disposed of.
Pending application/s, if any, also stands disposed
of.
JUDGE








Amrita
Digitally signed by
AMRITA DEB
Date: 2026.05.06
11:43:59 +05'30'
AMRITA DEB