Unions were alarmed at a decision by the Department of Education to pause the Investing in the Teaching Workforce scheme.
About £8 million was made available to allow 120 teachers aged 55 and over to be released from the profession.
This would, in turn, provide jobs for 120 recently qualified teachers. It was oversubscribed, receiving 460 applications.
The Department, however, received a legal challenge from a teacher, which related to the stipulation that applications for replacement positions will be open to “recently qualified teachers”.
Dylan Early, 36, from Strabane in County Tyrone, claimed he was being unlawfully excluded from applying for vacancies because of his greater experience.
Mr Early has worked almost continuously in temporary positions since qualifying six years ago.
His lawyers argued that he, as a more experienced teacher, was on a higher pay scale, and schools would be deterred from hiring him if the scheme was extended to teachers who qualified before 2012.
In the high court in Belfast, the Hon Mr Justice Colton determined that the terms of the Investing in the Teaching Workforce Scheme were lawful. The application for Judicial Review was dismissed and the court determined that the scheme was “a proportionate means of achieving a legitimate aim”.
The judge said any indirect discrimination against Mr Early was justified by the scheme’s goal of providing opportunities for NQTs.
The Department says it is pleased that the high court has determined that the terms of the scheme are lawful.
“We intend to consult further with the Employing Authorities on the appropriate timing of the implementation of the pilot scheme, which was paused ahead of the court’s determination,” a spokeswoman said. “We will bring forward proposals for the implementation of the paused scheme and the progressing of conditional offers already made to teachers as soon as possible.”