This order rejected the petitioners' plea for retention in contractual posts as Assistant Teachers in KGBV while they improve qualifications. The court held that contract officers past their tenure cannot claim seniority or qualification benefits akin to permanent or extended tenure cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4061 of 2013
====================================================== Uma Devi w/o Vijay Kumar Singh, r/o village + P.O._ Unasar, , P.S. + Block-Bochahan, District Muzaffarpur. 2.Usha KUmar, w/o Arun Kumar Shahi, r/o Village Barheta Hariballabh, P.O. Lohsari, P.S.+ Block Bochahan, District Muzaffarpur. 3.Anita Devi, w/o Umesh Sah, r/o Village Narauli Dih, P.s. + Block Musharari, District Muzaffarpur. 4.Puspa Kumari, w/o Shivjee Sah, r/o Villae Kharauna Jayram, District Muzaffarpur. 5.Babita Kumar, w/o Santosh Kumar Pandey, r/o Village Madhaul, P.O. Susta Madhopur, Block Kudhani District Muzaffarpur. 6.Renu Chaudhari, w/o Late Harendra Chaudhary, r/o Village Mahant Maniyari, Block Kudhani, District Muzaffarpur. 7.Sindyu Kumari, w/o Rampravesh Singh, r/o Village Balhiyan, P.O. Amarkha, P.S. Maniyari, Block Kudhani, District Muzaffarpur. 8.Kaushalya Devi, w/o Shambhu Sah, r/o Village Bhutane, P.O. Chaumukh, P.S. Hathauri, District Muzaffarpur. 9.Mona Kumari, w/o Sushil Kumar Sahu, r/o Village Harpurwa Goat, P.O. Harpurwa, P.S. + Block Bajpatti, District Sitamadhi. 10.Nilu Devi, w/o Late Akhilesh Prasad Singh, r/o village Chahunta, Block Aurai, District Muzaffarpur.
.... .... Petitioner/s Versus 1.The State of Bihar through the Principal Secretary, Education Department, Patna, Bihar. 2.The Director of Bihar Education Project Council, Beltron Bhawan, Shastri Nagar, Patna, Bihar. 3.The District Education Officer, Muzaffarpur. 4.The District Superintendent of Education cum District Program Officer, Education Department, Muzaffarpur.
5.The District Magistrate, Muzaffarpur.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Yugal Kishore, Adv For the Respondent/s : Mr. Apurva Kumar AC to GP-11.
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
2 05-05-2014 Heard learned counsel for the parties as with regard to the following prayer made in this writ application:-
"Directing and commanding the respondent
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authorities to consider the case of the petitioners by allowing them to continue to their post as Assistant Teacher in Kasturba Gandhi Balika Vidyalaya (hereinafter denoted as K.G.B.V.) and further be given them proper time, so that the petitioner s can enhance their educational qualification from I.A. to graduation and till then they should not be removed from their job and further for issuance of a writ in the nature of certiorari or an appropriate writ for staying the advertisement/paper notification dated 01.12.12 issued under the signature of D.P.O. Muzaffarpur (respondent no. 4) as contained in Annexure-6 of writ petition, by which the basic qualification has been enhanced from intermediate to Graduation though in earlier advertisement the basic qualification was intermediate by which the petitioners were appointed."
In the considered opinion of this Court if the
petitioners were engaged on the post of Assistant Teachers in Kasturba Gandhi Girls High School on a purely contractual basis for a limited period of one
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year and had continued even beyond the period of one year, they cannot claim any right either for being the post held then advertised or for the change of qualification of the post held by them.
The submission of learned counsel for the petitioners that the petitioners should be allowed to continue in service and they should be given the same benefit as was given by this Court in the case of Panchayat Shiksha Mitra and Panchayat Teacher for enhancing their qualification has to be noted for its being rejected. The appointment on the post of Panchayat Shiksha Mitra was sought to be made in 2002 for a period of eleven months having the of matric its was qualification qualification subsequently enhanced in 2004 to Intermedite with a provision for extension of term of eleven months to two more similar strench of 11 months. In the year 2006 a new post of Panchayat Teacher was created under Rules with the minimum prescribed
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qualification of Intermediate. Intermediate and the working Panchayat Shiksha Mitra as on 1.7.2006 who had been given extension of 33 months were sought to be absorbed on post of Panchayat Teacher by abolishing the earlier post of Panchayat Shiksha Mitra. Thus when new post of Panchayat Teacher came into being in view of Bihar Panchayat Teacher Appointment Rules-2006 this Court keeping in view with the Government decision itself of providing for 33 months period for enhancement of qualification had issued a direction for giving this benefit uniformly to all the Panchayat Shiksha Mitra.
It is a different thing that any Panchayat Shiksha Mitra which could not remain in service and was not working as on 01.07.2006 were not given such benefit on account of Rule-20(iii) of Bihar Panchayat Teacher Appointment Rules-2006.
In the present case, the situation is entirely different. The Government definitely has a power to
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enhance the qualification of teacher in high School. Right from inception of high Schools for such teachers in High School under 1960 Rules and even till this day the minimum qualification of graduation and the teachers training B.Ed. has been presented and therefore, the petitioners cannot be heard to say that such qualification should not have been enhanced for teachers in Kasturba Gandhi High School or that the petitioners should also be given cushioning period to complete this qualification. The petitioners being not even a permanent Government Servant rather continuing only on contract basis, period of which has already expired, cannot claim such benefit.
If the petitioners therefore are pursuing their studies and trying to attain the prescribed qualification of graduation they will have only a chance to compete with others as and when the post of teachers for Kasturba Gandhi Girls High School would be advertised.
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With the aforementioned limited observation,
this application is disposed of.
Ranjan/-
(Mihir Kumar Jha, J)
3 issues framed by the court
Whether contractual Assistant Teachers can claim the same benefit of qualifying enhancement given to Panchayat Shiksha Mitras.
Whether the State can be directed to allow contract-based teachers to continue until they complete graduation.
Whether an enhancement of qualification from Intermediate to Graduation for KGBV teachers is valid.
Colour shows how this judgement treated each authority
Panchayat Shiksha Mitra and Panchayat TeacherDistinguished¶17
Uma Devi vs Others
State of Bihar
Director of Bihar Education Project Council
District Education Officer, Muzaffarpur
District Superintendent of Education cum District Program Officer
District Magistrate, Muzaffarpur
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
