Pramod Kumar Yadav vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 90

K. VINOD CHANDRAN, HARISH KUMAR
Pramod Kumar Yadav – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
M/s Y.V. Giri, Sr. Adv., Alok Kumar Singh (in 1942); Mrityunjay Kumar, Arinjay Kumar, Mukesh Kumar Singh, Md. Danish Quamar (in 2036, 2288); Shashi Bhushan Kumar, Ruchi Mandal (in 2192); D.S. Naidu, Sr. Adv., (2202, 2382); Shashi Bhushan Kumar, Animesh Kumar (in 2205); Animesh Kumar, Onkar Kumar, Nawal Kishore Singh (in 2382); Rikesh Sinha (in 2783); Prince Kumar Mishra (in 2823); Bipin Bihari Singh (in 2922, 3107, 3436); Y.C. Verma, Sr. Adv., Priyanka Singh, Avijeet Singh, Adarsh Singh, Pratyush Pratap Singh, Mukesh Kumar, Vikash Kumar Jha (in 3056); Ranjeet Kumar, Ayush Kumar, Kanishk Raustubh, Shikhar Mani, Rishabh Gupta, Kanishka Shankar (in 3122); Rajendra Narayan, Sr. Adv., Mrityunjay Kumar (in 3997); Manoj Kumar Manoj (in 4565);Parijat Saurav (in 4106).
M/s P.K. Shahi, AG, in 1942, 2205, 2036, 2288, 2382, 2783, 2823, 2922, 3107, 3122, 3997, 4106, 3056, 4565); Vikas Kumar, Sanjiv Kumar, (in 1942, 2205); Amish Kumar, AC to AG, Ajit Kumar, GA-9 (in 1942); Anukriti Jaipuriyar (in 2205); Lalit Kishore, Sr. Adv. Gyan Shankar (in 4565).
For the Respondents: M/s P.K. Shahi, AG (in 2192, 3436); Lalit Kishore, Sr. Adv. (in 2205)
For BSEB : M/s Manish Kumar (in 2288, 2382); Gyan Shankar (in 2288); Sunil Kr. Mandal, SC-3(in 3056).

K. Vinod Chandran, CJ. – The State has been grappling with the twin issues; of providing standard education to the school going children, and appointment & continuance of the teachers, which issues are inextricably linked with each other and hence, inevitably jinxed by reason of the appointments carried out unscrupulously and on fraudulent certificates. The State has experimented with different modes of selection of teachers; many of which failed, and from its long experience has come out with two new rules, both with the avowed object of maintaining high standard of education; one, by ensuring selection through a written examination, of trained qualified hands and the other, for augmenting the skills of those continuing, by requiring them to undergo a test, with offer of better facilities on qualifying the same. The State walks a tightrope insofar as maintaining an equilibrium in providing such quality education, at the same time ensuring that the present crop of teachers do not loose their livelihood. One of such enactments dealing with the existing Niyojit Teachers, the Bihar School Exclusive Teachers Rules, 2023 (for brevity ‘Exclusive Teachers Rules-2023’), is challenged as ul

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2024 Supreme(Pat) 90

K. VINOD CHANDRAN, HARISH KUMARPramod Kumar Yadav – AppellantVersusState of Bihar – Respondent

Cases Referred (7)

K. VINOD CHANDRAN, HARISH KUMAR
Pramod Kumar Yadav – Appellant
Versus
State of Bihar – Respondent