Pratima Devi Vs The Union of India — Patna HC (2024) — LawSathi Research

Pratima Devi Vs The Union of India — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted; the appellants are placed under the status quo order passed in the pending Supreme Court proceedings (SLP(C) No. 10872 - 10898 of 2024) and are to be governed eventually by its disposal.

Issue for consideration

Whether the appellants, whose cases rest on the judgment referred to in the impugned order, are to be continued in or terminated from employment, given that this judgment has been successfully challenged in L.P.A. No. 748 of 2022 and analogous cases, wherein directions were issued on interpretation of Section 23(1). +1 more

Court's answer

The judgment referred to in the impugned order has been challenged successfully in an appeal, namely in L.P.A. No. 748 of 2022 and analogous cases, in which directions were issued on the interpretation of Section 23(1).

Ratio / Principle

The appellants shall also be regulated by the status quo order passed by the Hon’ble Supreme Court in Special Leave to Appeal (C) No. 10872 - 10898 of 2024 (Md. Tanzim Reza & Ors. vs. The Union of India & Ors.); if continued in service, they will be governed eventually by the disposal of that Special Leave to Appeal.

Key takeaways

All the Letters Patent Appeals (Nos. 220, 291, 551, 656 and 1093 of 2023) are disposed of.ratio¶178

Detailed headnote1 paragraphs

Five connected Letters Patent Appeals before the High Court of Judicature at Patna (L.P.A. Nos. 220, 291, 551, 656 and 1093 of 2023, arising from Civil Writ Jurisdiction Cases Nos. 14378 of 2022, 4471 of 2021, 6175 of 2022, 19638 of 2021 and 11709 of 2022) by serving Panchayat/Block teachers in Bihar were disposed of on 12-09-2024 (Per: K. Vinod Chandran, CJ; Coram also Partha Sarthy, J). The Court observed that the judgment referred to in the impugned orders had been challenged successfully in L.P.A. No. 748 of 2022 and analogous cases, where the bench — on its interpretation of Section 23(1) — directed that: (i) teachers appointed prior to 01.04.2010 who acquired the teaching qualification on or before 08.08.2021 be continued; (ii) withheld results relating back, or certificates/results published, before 08.08.2021 sustain deemed continuation; (iii) unqualified teachers appointed in the relaxation period between 01.04.2010 and 31.03.2015 be deemed continued if qualified on or before 08.08.2021; (iv) persons appointed after 31.03.2015, if unqualified, be terminated even if qualified within 08.08.2021, their appointment being invalid; and (v) teachers in place on 01.04.2010 and 31.03.2015 who did not acquire the qualification before 08.08.2021 stand terminated. Noting further the status quo order passed in Special Leave to Appeal (C) No. 10872 - 10898 of 2024 (Md. Tanzim Reza & Ors. vs. The Union of India & Ors.) before the Hon'ble Supreme Court, the Court directed that the present appellants also be regulated by that status quo order and, if continued in service, by the eventual disposal of that Special Leave to Appeal, and disposed of all the appeals.

Procedural history

How this case reached the court

AI extract

Order under challenge
The order/judgment under challenge in the present Letters Patent Appeals, which referred to another judgment that, as recorded by this Court, was subsequently challenged successfully in appeal (L.P.A. No. 748 of 2022 and analogous cases).¶163
Prior proceeding
The appeals arise out of Civil Writ Jurisdiction Cases before the High Court of Judicature at Patna: L.P.A. No.220 of 2023 from Civil Writ Jurisdiction Case No.14378 of 2022; L.P.A. No. 291 of 2023 from Civil Writ Jurisdiction Case No.4471 of 2021; L.P.A. No. 551 of 2023 from Civil Writ Jurisdiction Case No.6175 of 2022; L.P.A. No. 656 of 2023 from Civil Writ Jurisdiction Case No.19638 of 2021; L.P.A. No. 1093 of 2023 from Civil Writ Jurisdiction Case No.11709 of 2022.¶2
Prior proceeding
In L.P.A. No. 748 of 2022 and analogous cases, the appellate bench, on its interpretation of Section 23(1), directed inter alia that: teachers appointed prior to 01.04.2010 who acquired the teaching qualification on or before 08.08.2021 are entitled to be continued; where withheld results relate back, or certificates/publication of results precede 08.08.2021, the concerned persons are deemed continued; and unqualified teachers appointed during the relaxation period between 01.04.2010 and 31.03.2015 are also deemed continued if they acquired the teachers training qualification (minimum qualification) on or before 08.08.2021.¶166
Prior proceeding
The same directions in L.P.A. No. 748 of 2022 and analogous cases further provided that persons appointed after 31.03.2015, if unqualified, must be terminated even if they acquired the qualification within 08.08.2021, since their appointment itself is invalid; and that those who were in place as teachers on 01.04.2010 and then on 31.03.2015, if they did not acquire the qualification before 08.08.2021, stand terminated.¶172
Prior proceeding
A Special Leave to Appeal (C) No. 10872 - 10898 of 2024 (Md. Tanzim Reza & Ors. vs. The Union of India & Ors.) was filed before the Hon'ble Supreme Court, in which a status quo order has been passed.¶176