The order comes in the wake of two recent petitions filed by primary school teachers of a Palghar school belonging to the Aryan Education Society, whose services were terminated because they lacked the DEd qualification.

Interestingly, both the teachers maintain that since they have the BA and BEd degrees needed for teaching higher secondary classes, the need for a diploma is ruled out.

They further maintain that diploma is a lower qualification than BEd degree, since the former is required for teaching in primary school classes. The two teachers were inducted on a temporary basis.

In March this year, they were served a notice of termination, after which they moved High Court. The deputy secretary of the Department of School Education filed an affidavit justifying the school management's stance. He said boththe qualifications are not comparable. They are two distinct teaching qualifications.

The orientation and syllabi for the two is also different. While the DEd syllabus emphasises effective teaching for primary classes, the BEd degree equips the teacher to be effective in the secondary classes. The division bench of Justice Ashok Agarwal and Ranjana Desai heard the petition. They observed that several contrary rulings have been passed by different benches in this regard.

While some benches maintain that BEd degree is a higher and better qualification than the diploma, others maintain that BEd degree cannot replace the need for a diploma in education.

Therefore, the matter is now referred to a larger bench. The Chief Justice has been urged to form a suitable three-member full bench and resolve the differences.