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IN THE HIGH COURT OF JUDICATURE AT PATNA
[FULL BENCH]
K. VINOD CHANDRAN, CJ., ASHUTOSH KUMAR and RAJIV ROY, JJ.
LPA Nos.748, 694, 696, 701, 704, 713, 729, 731, 733, 736-740, 742, 750, 751, 758, 759, 762-766, 768, 769, 771, 773, 774, 776, 779, 782, 785-789, 792, 794, 795, 797-807 of 2022; 4-9, 11, 13, 14, 16-20, 23-26, 28, 37, 38-45, 47-53, 55-58, 61-64, 68-74, 79, 80, 81, 83, 85, 87-93, 95-110, 112, 113, 115, 121-125, 128, 131-133, 135, 136, 138, 144, 145, 146, 148-155, 160-162, 165-169, 173, 176, 180, 181, 183, 184, 185, 189-197, 201-209, 211, 213, 214, 218, 222, 224, 228, 229, 231-234, 236, 237, 238, 240-247, 249, 253-260, 264, 266, 267, 269, 270, 272-274, 276-280, 284-287, 292, 294, 296-298, 302-304, 309, 312, 314, 315, 318-324, 327, 329-331, 334, 335, 341, 345, 347, 351-353, 355, 358-362, 364-366, 368, 372-375, 378, 382-385, 391, 394, 403, 404, 407, 409, 416, 419, 421, 424, 431, 433, 438, 443, 465, 471, 474, 482, 487, 491, 492, 495, 496, 500, 501, 505, 506, 529, 535, 537, 538, 544, 545, 553, 558, 562, 563, 648, 752, 861 of 2023 in CWJC Nos. 3285, 14483, 7078, 3780, 6314, 2349, 3527, 16937, 3806, 2171, 17237, 12104, 20123, 3528, 15416, 14006, 4735, 4982, 4128, 3973, 1926, 10607, 4209, 2981, 6742, 3997, 12091, 4594, 13182, 4891, 5860, 6619, 3417, 14884, 6209, 3308, 2556, 2816, 12182, 3326, 2528, 4329, 5892, 3590, 2171, 3029, 13182, 5869, 4439, 8789, 3482, 3660, 5486, 7064, 3402, 2474, 17321, 16721, 3301, 5892, 4105, 4858, 3618, 6579, 4823, 5756, 5805, 6522, 3174, 5771, 2981, 3285, 5789, 18308, 2880, 2824, 5892, 13368, 5756, 3044, 3590, 5872, 4894, 5206, 3157, 4089, 4938, 10182, 1931, 5307, 4297, 5310, 3829, 2611, 3021, 17415, 2529, 10864, 5969, 5337, 2877, 3056, 15346, 1172, 3665, 2795, 15118, 5170, 12932, 14290, 6742, 5789, 5313, 6816, 5771, 5533, 2533, 4311, 15547, 13904, 4471, 6269, 16789, 4387, 3765, 4221, 6227, 4297, 13763, 14165, 4469, 6073, 13795, 13700, 3765, 4633, 4706, 14830, 13424, 6489, 3389, 5789, 183, 20218, 7186, 3601, 13668, 4344, 12024, 3601, 7802, 12093, 5906, 7996, 6137, 12936, 6029, 11790, 5123, 6573, 6597, 6748, 4203, 13234, 12331, 2902, 5771, 3765, 7543, 3157, 5261, 6072, 5789, 10231, 5789, 20776, 3504, 6816, 4089, 4471, 3157, 2942, 3987, 14556, 3013, 16790, 5595, 3527, 2643, 2858, 3765, 5789, 5892, 3543, 4329, 5892, 12221, 5889, 4387, 2057, 19462, 5987, 3689, 4938, 2887, 2816, 7481, 11979, 2824, 5771, 15251, 3308, 5866, 6816, 16854, 4297, 5892, 2880, 11739, 5208, 5486, 5898, 6522, 4089, 13941, 5892, 4290, 14176, 3181, 11328, 5942, 12024, 6209, 7222, 5595, 4996, 13149, 5929, 6930, 5779, 7622, 2942, 3285, 3644, 6093, 2908, 3646, 6168, 2550, 11947, 10349, 14859, 19825, 6168, 14639, 5035, 6489 of 2021; 16214, 24799, 16214 of 2019; 8351 of 2020; 9382, 5185, 7568, 1940, 1486, 7936, 8941, 10704, 10055,7410, 7410, 8668, 9928, 10731, 7410, 9772, 10554, 6100, 1227, 1550, 10408, 7332, 7333, 2361, 9069, 7078, 7154, 9178, 10081, 6271, 10645, 8281, 9171, 7258, 11759, 7178, 7333, 9928, 8812, 5452, 10668, 2438, 1734, 2243, 12296, 5695, 8668, 8198, 2731, 9762, 2196, 6729, 10078, 2500, 10604, 13589, 5185, 9476, 11007, 10117, 6392, 9226 of 2022 with CWJC Nos. 4339, 5435, 5613, 5616, 5640, 5969, 6645, 7186, 7462, 7504, 7564, 9069, 9110, 9159, 9216, 9454, 9456, 9487, 9654, 10496, 10947, 13959, 13983, 15581, 16520 of 2023; 1741 of 2024
(20.3.2024)
Bibi Sakina Khatoon (in 748)
Abhay Kumar & Ors. (in 797)
Abhishek Kumar (in 740)
Abhishek Kumar Arun (in 56)
Abida Nomani @ Avida Nomari (in 229)
Abul Kalam & Ors. (in 788)
Afsana Khatoon (in 9216)
Ahmad Anwarul Haque Khan (in 266)
Ajay Kumar (in 28)
Ajay Kumar Paswan & Ors. (in 739)
Ajay Kumar Singh (in 257)
Ajay Kumar Tripathi (in 416)
Ajay Ranjan (in 276)
Ajeet Kumar Ram (in 309)
Ajit Kumar (in 249)
Akhtari Khatoon (in 121)
Amar Kumar Sah (in 98)
Ambuj Kumar (in 100)
Amir Raza & Ors. (in 771)
Amit Kumar Sinha (in 491)
Ammara Jabin @ Ammara Jabin (in 323)
Amresh Kumar Sada (in 244)
Anil Kumar Ranjan (in 80)
Anita Kumari (in 285)
Anju Kumari & Ors. (in 180)
Arbind Kumar (in 421)
Archana Kumari & Ors. (in 294)
Archna Devi (in 7186)
Arun Kumar (in 280)
Arvind Kumar (in 103)
Arvind Kumar Pathak (in 189)
Asha Kumari (in 9159)
Asia Praveen @ Asia Pra. @ Asia Parveen (in 136)
Avinash Ranjan (in 146)
Awantika Singh (in 160)
Babita (in 58)
Baby Kumari Sri Jitendra Kumar & Anr. (in 474)
Bhartendu Kumar (in 9110)
Bharti Kumari (in 431)
Bibha Kumari & Ors. (in 74)
Bibha Kumari (in 9487)
Bibhu Kumar Sonu (in 236)
Bibi Rukhsana Khatoon (in 358)
Bibi Sajeda Tabassum & Ors. (in 287)
Bibi Shabnam Ara & Ors. (in 5)
Bibi Tabassum Khatoon (in 738)
Bibi Wajeda Tabassum & Ors. (in 17)
Bidanti Kumari @ Bidanti Devi @ Bidanti Kumari Devi (in 284)
Bihar Pradesh Prarambhik Shikshak Sangh & Ors. (in 5640)
Bihar Rajya Prarmbhik Shikshak Sangh (in 10947)
Chandan Kumar & Anr. (in 296)
Deo Narayan Sah (in 563)
Devanand (in 232)
Dhananjay Kumar Singh (in 207)
Dharmendra Kumar (in 52)
Dharmvir Kumar (in 501)
Dilip Kumar (in 482)
Dimpu Kumari & Ors. (in 124)
Dinesh Kumar & Ors. (in 166)
Dinesh Manjhi (in 329)
Diwakar Kumar Singh (in 794)
Dropadi Kumari (in 789)
Durga Devi & Anr. (in 218)
Farhana Praveen (in 7)
Ganesh Kumar Gautam & Ors. (in 750)
Ganesh Thakur & Ors. (in 345)
Gautam Kumar (in 292, 736)
Gaytri Kumari & Ors. (in 133)
Geeta Kumari (in 245, 314)
Ghanshyam Singh (in 152)
Gita Devi & Ors. (in 155, 341)
Gita Singh (in 471)
Govind Prasad (in 758)
Gunjan Kumar Choudhary & Ors. (in 279)
Gunjan Kumari (in 110)
Guriya Kumari (in 13959)
Hari Narayan Kumar & Ors. (in 125)
Haridyal Paswan & Ors. (in 255)
Harishchandra Murmu @ Harishchandra Murmur (in 196)
Harshwardhan Mani (in 383)
Hayat Jawed (in 57)
Heena Dikshit & Ors. (in 804)
Heera Devi (in 382)
Indra Devi @ Indira Devi (in 433)
Indra Kala Devi & Anr. (in 443)
Indu Bhushan Kumar Singh (in 39)
Jagulal Manjhi (in 205)
Jai Prakash Kumar Yadav & Ors. (in 203)
Jai Raj Gautam (in 495)
Jay Kumar Paswan & Ors. (in 737)
Jitendra Kumar Singh (in 149)
Jugnu Kumari (in 95)
Jyoti Kumar Arya (in 101)
Kabita Kuwar (in 193)
Kailash Chodhary & Ors. (in 150)
Kalpana Kumari & Ors. (in 506)
Kamakhya Prasad & Ors. (in 81)
Kamala Devi & Ors. (in 385)
Kanchan Kumari & Ors. (in 298, 176)
Kausari Begam (in 373)
Kavita Kumari & Anr. (in 154)
Kavita Singh (in 648)
Kiran Devi & Ors. (in 208, 438)
Kiran Kumari (in 107, 403)
Krishna Kumari Daughter (in 213)
Kumari Amrita @ Amrita (in 351)
Kumari Kanju Rani & Ors. (in 104)
Kumari Manju Sugam & Ors. (in 135)
Kumari Rajni Sinha (in 228)
Kumari Rinki (in 69)
Kumari Rubi & Ors. (in 787)
Kumari Rupa (in 41)
Kumari Sushila (in 23)
Kunti Kumari (in 11, 233)
Lalita Devi (in 241)
Lalmani Singh & Ors. (in 45)
Madhu Kumari (in 184, 419)
Madhubala (in 43)
Madhulika Kumari (in 87)
Maheru Nesha @ Maheru Nisha (in 558)
Mahesh Prasad Mahto & Anr. (in 161)
Mahjabin Khatoon (in 9069)
Mamta Kumari (in 8)
Manas Das & Anr. (in 375)
Manish Kumar & Ors. (in 801)
Manishanand (in 55)
Manju Devi & Anr. (in 50)
Manju Kumari & Anr. (in 496, 5616)
Manoj Kumar & Ors. (in 113)
Manoj Kumar & Ors. (in 347, 360)
Manoj Kumar Sharma (in 224)
Manoj Kumar Singh (in 42)
Marachhi Devi (in 9456)
Maya Kumari Sinha (in 183)
Md. Ashfaque Alam (in 231)
Md. Ataur Rahman & Ors. (in 374)
Md. Habibur Rahman (in 696)
Md. Injil (in 102)
Md. Irfanul Haque & Anr. (in 807)
Md. Murshid Alam (in 391)
Md. Mustafiz Alam (in 91)
Md. Nier Rahman & Ors. (in 782)
Md. Noor Alam (in 259)
Md. Prawej Hyat & Anr. (in 5613)
Md. Shahnawaz & Ors. (in 85)
Md. Shakil Ahmad (in 368)
Md. Tanzim Reza & Ors. (in 704)
Md. Waqar Alam & Ors. (in 88)
Md. Wazir (in 131)
Md. Zulfekar Ali (in 752)
Minni Rani Sinha (in 537)
Mohammad Mojeeb Alam @ Md. Mojeeb Alam (in 37)
Mohammad Taiyab Ansari & Ors. (in 800)
Moni Kumari & Ors. (in 151)
Moni Shrivastav (in 409)
Moti Kumari & Anr. (in 246)
Munni Devi & Ors. (in 206)
Naghma Khatoon & Ors. (in 769)
Nagma Akthar (in 364)
Najana Parween (in 365)
Najmetul Fatma (in 544)
Nasiba Tarannum (in 195)
Navin Kumar & Ors. (in 73, 324, 553)
Navin Pramod (in 315)
Nayantara Kumari @ Nayan Tara Devi (in 763)
Neelam Anand (in 273)
Neelam Kumari & Anr. (in 465)
Nigara Sultana (in 764)
Nikhat Parween & Ors. (in 731, 99)
Nilam Kumari (in 247)
Nilofer & Ors. (in 13)
Nishant Kumar & Anr. (in 260, 331)
Nishi Kumari (in 327)
Noorjahan & Ors. (in 19)
Nutan Kumari (in 492)
Pappu Kumar Chaudhary (in 222)
Parmanand Das & Ors. (in 18)
Pawan Kumar (in 407)
Phul Kumari (in 272)
Pinki Das (in 138)
Pinki Devi & Ors. (in 153)
Pinki Kumari & Anr. (in 297)
Prabhat Kumar Pankaj & Ors. (in 240)
Pradeep Kumar (in 4)
Prakash Kumar & Ors. (in 487)
Pramod Kumar (in 94)
Pranesh Kumar (in 743)
Pratima Pritam (in 378)
Prem Kumar & Ors. (in 1741)
Prema Devi & Anr. (in 335)
Premlata Devi (in 10496)
Priti Sinha (in 792)
Priya Kumari (in 330)
Priyanka Kumari & Ors. (in 49)
Priyanshi Kumari (in 312)
Punam Devi (in 355)
Punam Kumari & Ors. (in 9, 267, 15581)
Pushpa Kumari (in 173)
Pushpak Kumar (in 733)
Rabiya Basari (in 243)
Radhika Devi (in 765)
Rafat Parween (in 751)
Rafat Romee & Ors. (in 14)
Ragini Kumari (in 185)
Raj Hans Raj (in 132)
Raj Kishore Pandey & Ors. (in 204)
Rajeev Kamal (in 353)
Rajendra Prasad Akela & Ors. (in 109)
Rajesh Kumar & Ors. (in 70)
Rajesh Kumar Ram & Anr. (in 44)
Rajesh Kumar Sinha & Ors. (in 201)
Rajesh Paswan (in 191)
Rajeshwar Kumar & Ors. (in 320)
Rakesh Kumar Ray (in 165)
Ram Kumar (in 72)
Ram Naresh Sahani (in 209)
Ram Prasad Singh (in 26)
Ramesh Ray (in 562)
Ramesh Sada (in 242)
Rana Pratap Singh & Ors. (in 214)
Randhir Kumar & Anr.
Rani Kumari & Ors. (in 254)
Ranjana Devi (in 545)
Ranjeet Kumar (in 795)
Raushani Khanam (in 7564)
Ravi Bhushan Mishra (in 90)
Ravi Bhushan Prasad (in 759)
Ravi Pandey (in 505)
Ravi Raj & Ors. (in 7462)
Razia Bano & Ora. (in 322)
Rekha Devi (in 372)
Rekha Kumari (in 112, 277, 384)
Renu Kumari (in 181, 234)
Reyasat Husain & Ors. (in 774)
Rina Kumari (in 9454)
Rinkee Kumari (in 237)
Rinku Kumari & Anr. (in 79, 93)
Rita Kumari (in 24)
Rizwana Khatoon & Ors. (in 68, 108)
Rokhsana Khatoon (in 122)
Rubina Farhat & Ors. (in 20)
Ruby Kumari (in 318)
Rukhsana Khatoon (in 352)
Runa Kumari & Ors. (in 303)
Sabirun Khatoon (in 424)
Sabita Devi & Ors. (in 286)
Sadab Anwar (in 729)
Sadaf Tabassum & Ors. (in 779)
Sadhana Kumari & Ors. (in 83)
Saera Bano daughter (in 394)
Sagar Kumar & Ors. (in 4339)
Saiyada Parween & Anr. (in 264)
Sangeeta Devi (in 361)
Sangita Bharti (in 258)
Sangita Kumari (in 321)
Sanjay Bosak (in 701)
Sanjay Kumar (in 169)
Sanjay Nath Jha & Ors. (in 359)
Sanjeet Lal & Ors. (in 798)
Sanjeev Kumar (in 238)
Sanju Chaurasia (in 253)
Santosh Kumar (in 211)
Santosh Kumar Sinha (in 694)
Saroj Kumari (in 786
Saurabh Kumar Dubey & Anr. (in 7504)
Savita Kumari & Ors. (in 5435)
Savita Ray (in 167)
Seema Kumari (in 713)
Seema Lal (in 785)
Shabnam Bharti (in 9656)
Shabnam Sultana & Ors. (in 105)
Shah Jahan Khatoon & Anr. (in 274)
Shahina Khatoon & Anr. (in 256)
Shahnaz Begum & Ors. (in 25)
Shailendra Kumar & Ors. (in 92)
Shakir Ali (in 270)
Shakuntala Devi (in 40)
Shambhu Chaudhary (in 144)
Shanti Devi & Ors. (in 168)
Sharawan Kumar Singh (in 302)
Shashikant Kumar (in 278)
Sheela Devi @ Shila Devi (in 529)
Shila Devi (in 47)
Shila Kumari (in 61)
Shiv Kumari & Ors. (in 304)
Shobha Rani Rai (in 123)
Shushila Sinha (in 538)
Sigheshwar Mahto (in 96)
Sita Kumari (in 89)
Sitesh Kumar (in 319)
Soumitra Kumar (in 202)
Subi Parween (in 776)
Sudha Kumari (in 162)
Sudhanshu Kumar (in 145)
Sufia Khatoon (in 197)
Sujeet Kumar Dube (in 861)
Sujeet Kumar Singh & Anr. (in 269)
Sujit Kumar (in 762)
Sultana Khatoon & Ors. (in 773)
Sumit Kumar Jha & Ors. (in 51)
Sunita Devi (in 194)
Sunita Kumari (in 16)
Surendra Chaudhary & Ors. (in 97)
Surendra Kumar (in 71)
Suresh Baitha (in 148)
Suresh Kumar (in 38)
Swati Kumari (in 53)
Tabassum Khatoon (in 190)
Tanmayee Sarkar (in 404)
Tarachand Ray (in 802)
TET Shikshak Sangh (in 5969)
Udal Kumar & Anr. (in 63)
Ujjawal Kumar & Anr. (in 334)
Umesh Kumar Chaudhary @ Umesh Kumar Choudhary (in 128)
Usha Jha (in 62)
Usha Kumari (in 766, 13983)
Usha Sinha (in 806)
Ved Prakash Chaudhary & Ors. (in 6)
Veena Bharti (in 535)
Veena Kumari & Ors. (in 366, 16520)
Vidyarthi Prasad (in 115)
Vijay Kumar (in 6645)
Vijay Kumar Bimal & Ors. (in 48)
Vijay Ray & Ors. (in 803)
Vinay Kumar Tiwari (in 362)
Vinod Kumar Ram Bidyanand Ram & Ors. (in 768)
Yashwant Kumar @ Yeshwant Kumar (in 752)
Zafirul Hasan (in 500)
vs.
Union of India & Ors.
State of Bihar & Ors. ... Respondents
Right of Children to Free and Compulsory Education Act, 2009 – Section 23, Proviso – Appointment of School Teachers – Unqualified and untrained teachers are bane of any system of education – Despite numerical expansion of elementary schools, goal of universal elementary education eludes us as a Nation, also by reason of ever increasing drop-outs from disadvantaged and weaker sections – Need to provide quality teaching was emphasized in enactment – Writ petitions challenge proviso under Section 23 of RTE Act which provided a further period of four years after initial hiatus of five years, on grounds of it being arbitrary, illegal and manifestly wrong – Petitioners assert that proviso introduced abruptly extinguished right of those appointed, who were not able to get training qualification in interregnum, either on account of their own default or on disinclination of State to provide sufficient opportunities to acquire such training – Rigor brought in, was by Section 23 (1) and sub-section (2) only provided a conditional engagement, proviso of which required attainment of required qualification within initial period itself; which has not been challenged – Challenge is to a proviso introduced subsequently providing a further period for attaining qualification – That proviso, relaxed rigor of earlier requirement and if interfered with, would only result in persons who obtained training qualification after initial five years also being terminated. (Paras 1, 2 and 3)
Right of Children to Free and Compulsory Education Act, 2009 – Section 23, Proviso – Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules 2012 – Regulation 15 clause (d) – Appointment of School Teachers – Sub-section (1) of Section 23 makes eligible for appointment, as a teacher in elementary schools, only a person possessing such minimum qualification as laid down by an academic authority authorized by Central Government – Central Government has authorized NCTE as academic authority, by S.O. 750(E) dated 31.03.2010 which has prescribed minimum teachers training qualification; a two-year Diploma in Elementary Education (by whatever name known) (later reduced to 18 months) for appointment of a teacher in Class-I to V and a one year Bachelor in Education for appointment of a teacher in Class-VI to VIII – Statutory provision only enabled Central Government to grant such relaxation for a maximum period of five years and not in excess of that – In case of State of Bihar, relaxation was up to 31.03.2015, time lesser than maximum, since relaxation commenced only from 01.06.2011 – There was no further relaxation granted for remaining period, out of maximum of 5 years under the RTE Act – Statutory rigour of Section-23 came to be reinforced by insertion of second proviso that no teachers appointed after 31.03.2015, who did not have minimum qualification, could be considered as a valid appointment; not even under relaxed norms; period of which had expired on that date – Such appointees cannot also be continued on any acquisition of qualification later to date of appointment. (Paras 16 and 21)
Statute Law – Legal Fiction – Legal-fiction employed by a deeming provision which leads to an assumption that something is true even though it may be untrue – Word "deemed" is used a great deal in modern legislation – Sometimes it is used to impose for the purposes of a statute an artificial construction of a word or phrase that would not otherwise prevail – Sometimes it is used to put beyond doubt a particular construction that might otherwise be uncertain – Sometimes it is used to give a comprehensive description that includes what is obvious, what is uncertain and what is, in ordinary sense, impossible. (Paras 24 and 25 )
Right of Children to Free and Compulsory Education Act, 2009 – Section 23, Proviso – Appointment of trained School Teachers – Right insofar as continuance of those unqualified teachers as on 01.04.2010, was taken away by specific provision in enactment, being RTE Act – However, it is in avoidance of any ground of arbitrariness that a 5-year period was given to every such unqualified teacher to acquire such qualification – This period also stood extended for another four years – Course duration of teachers training course was a mere two years, later reduced to 18 months – Any diligent teacher would have qualified during the period provided and those who do not, are not competent to teach students – This would be statutory consequence, from which there is no escape – Statute having been framed in expansion of right to equality and furtherance of directive principles of State policy, for providing compulsory and quality education to elementary students, there can be no claim of equity raised on grounds of deprivation of livelihood – Regulation to appear for supplementary examinations as brought out by Institution carrying on courses cannot regulate Union Legislation and in any manner dilute statutory rigor brought in – Even compassionate appointees cannot seek absolution from rigor of obtaining teachers training qualification before date provided by legislation – If State so wills, on termination, considering appointment having been given on compassionate grounds, they could be adjusted against lower vacancies as ministerial staff or Class IV category; as permitted by rules of State Government – However, without acquiring minimum qualification as provided under Section 23(1), that too within prescribed period, there is no question of their continuance as teachers. (Paras 35, 38 and 39)
Right of Children to Free and Compulsory Education Act, 2009 – Section 23, Proviso – Appointment of trained School Teachers – Those who were appointed prior to 01.04.2010 who have acquired teaching qualification on or before 08.08.2021 would be entitled to be continued – Results withheld, when declared, if it relates back to period before 08.08.2021, those persons should be continued in employment – Issuance of certificates also would have to concede to date of publication of results which if published before 08.08.2021, those persons will be deemed to have been continued – Unqualified teachers who were appointed during relaxation period, i.e. between 01.04.2010 and 31.03.2015 will also be deemed to have been continued, if they have acquired teachers training qualification; minimum qualification, on or before 08.08.2021 – Persons, who were appointed after 31.03.2015, if are unqualified will have to be terminated even if, they have acquired qualification within 08.08.2021; since their appointment itself is invalid – There could not have been any unqualified persons appointed after 31.03.2015 – Those who were in place as teachers on 01.04.2010 and then on 31.03.2015, if not acquired qualification before 08.08.2021 will stand terminated. (Para 41)
K. Vinod Chandran, CJ. – Unqualified and untrained teachers are the bane of any system of education, in which, the students; often celebrated as the citizens of tomorrow, wallow in ignorance and get mired in misinformation, thus, stultifying the development and growth of a Nation State. Quite realizing the importance of a robust educational system; for maintaining and upgrading the teaching standards, with a vision to strengthen the social fabric of democracy and further the Directive Principles of State Policy, the crucial role of elementary education was emphasized by the Union Parliament in enacting the Right of Children to Free And Compulsory Education Act, 2009 (‘RTE Act’, in abbreviation), mandating free and compulsory education to all children up to the age of 14 years.
2. The statement of objects and reasons indicate that despite numerical expansion of elementary schools, the goal of universal elementary education eludes us as a Nation, also by reason of the ever increasing drop-outs from the disadvantaged and weaker sections; which prompted the subject enactment, aimed at enabling full time elementary education to every child, as a matter of right, expanding the horizons of equal opportunities. The need to provide quality teaching was emphasized in the enactment, which provision; under challenge in the writ petitions, mandates appointment only of such qualified teachers, while providing a short hiatus insofar as enabling appointment of even those unqualified and untrained, at the same time ensuring that they do acquire such qualification and training in the interregnum. The provision, requiring enhancement of the standards of teaching, required those teachers in place, also to enhance and upgrade their capabilities by acquiring the teacher’s training qualification, within the time provided.
3. The writ petitions challenge the proviso under Section 23 of the RTE Act which provided a further period of four years after the initial hiatus of five years, on grounds of it being arbitrary, illegal and manifestly wrong. The petitioners assert that the proviso introduced abruptly extinguished the right of those appointed, who were not able to get a training qualification in the interregnum; either on account of their own default or on the disinclination of the State to provide sufficient opportunities to acquire such training. Immediately we have to notice that the rigor brought in, was by Section 23 (1) and sub-section (2) only provided a conditional engagement, the proviso of which required attainment of the required qualification within the initial period itself; which has not been challenged. The challenge is to a proviso introduced subsequently providing a further period for attaining the qualification. That proviso, relaxed the rigor of the earlier requirement and if interfered with, would only result in persons who obtained the training qualification after the initial five years also being terminated.
4. The appeals which are tagged along with the writ petitions, or rather vice versa, are from the judgment of a learned Single Judge which considered a batch of writ petitions in which the teachers, who were sent out of employment for having not acquired the training qualification challenged their termination. As was done by the learned Single Judge, we desist from looking at the individual facts since the interpretation of Section 23 and the second proviso introduced later, would bring a quietus to the issues raised and this would have to be applied across the board in considering the right of continuance as claimed by the individual petitioners/appellants.
5. There are too many advocates appearing to be named individually but we reckon the presence of learned Senior Counsel Sri Y.V. Giri, Sri Mrigank Mauli and Sri Basant Chaudhary, who led the arguments on behalf of the petitioners/appellants. Sri P. K. Shahi, learned Advocate General, appeared for the State and Dr. K. N. Singh, learned Additional Solicitor General, appeared
The requirement for in-service teachers to pass the Teacher Eligibility Test (TET) under the Right of Children to Free and Compulsory Education Act, 2009, is a mandatory constitutional and statutory ....
The court affirmed that teachers with an 18 months D.El.Ed. qualification from NIOS are eligible for recruitment, clarifying their status under the One Time Scheme for employment opportunities.
The 18 months D. El. Ed. qualification through NIOS is valid for in-service teachers employed as of 10th August 2017, contrary to the High Court's ruling.
The court ruled that the retrospective application of new qualification requirements for teachers violates established rights, as teachers appointed before the changes cannot be penalized under newly....
The main legal point established in the judgment is that teachers, who did not possess the minimum qualification of pass in TET as per the RTE Act, 2009, are not entitled to continue their service in....
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