The High Court dismissed the petitioner's writ petition following the precedent set in Md. Ataur Rahman & Ors. The court held that teachers who have not completed required training by a cut-off date are ineligible to hold the post.
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.10719 of 2022
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Sita Kumari Wife of Kedar Prasad, Resident of Village - Haripur Dharmpur, P.O. - Sikta, P.S. -Sikta, District - West Champaran, Bihar.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Abu Nasar, Adv. For the State : Mr. Amit Bhushan, AC to GP 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
3 11-01-2023
by the petitioners is governed by the adjudication of this Court
in C.W.J.C. No. 16214 of 2019 (Md. Ataur Rahman & Ors. Vrs. Union of India & Ors.) and analogous cases as reported in
2023 (1) B.L.J. 176 in Category “B”.
“18. Keeping in view above, the
Patna High Court CWJC No.10719 of 2022(3) dt.11-01-2023 2/3
present bunch of petitioners, who have not acquired their training as on 31.03.2019 are held to be ineligible to hold the post of teacher after 31.03.2019 in the Primary Schools.
19. Amongst the present bunch of teachers, those who have already undergone the training and their result has been withheld for one reason or the other, shall now become eligible only if they have passed the training course. In view of candid statement made by the learned counsel for the N.I.O.S. pointing out that the requirement of obtaining 50% at the Intermediate level has been done away with, it is expected from the N.I.O.S. to declare the results of the teachers within a period of 15 days henceforth and if the teachers have already passed the training course, they shall be given the same benefit as given to the teachers of category ‘A’ namely that they shall be treated as freshly appointed teachers from the date they have acquired the training and from the date result is declared and have passed the examination and will be allowed to continue. Their earlier period of service shall not be counted for any purpose at the same time no recovery shall be made from the salary which they have drawn.
20. As regard the teachers, who have
Patna High Court CWJC No.10719 of 2022(3) dt.11-01-2023
3/3
failed in the examination, the view taken as above, shall apply to them and, their services are liable to be terminated. However, it is for the State government to take a view whether those who passed the supplementary examination should be allowed to continue as freshly appointed teachers or not or otherwise they shall be allowed to participate in the fresh selections which may be conducted by the State Government. Such teachers who would be allowed to participate, in fresh selections will be given benefit of age relaxation considering that they were working on the post with a promise that they will be allowed to complete their training rendered out by the State Government.”
the writ petition is dismissed.
(Sanjeev Prakash Sharma, J)
Sachin/Item No. 12
U
2 issues framed by the court
Whether a primary school teacher who has not acquired the required training as on 31.03.2019 is eligible to hold the post.
What is the consequence for teachers who failed in the training examination pursuant to the controlling precedent.
Colour shows how this judgement treated each authority
Md. Ataur Rahman & Ors. Vrs. Union of India & Ors.Followed¶20
C.W.J.C. No. 16214 of 2019 (Md. Ataur Rahman & Ors. Vrs. Union of India & Ors.) reported in 2023 (1) B.L.J. 176
1 provisions across 1 enactments
SITA KUMARI
THE STATE OF BIHAR
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
