Nishant Kumar v. The State of Bihar
Case brief
What is this about?
RTE Act Section 23 second proviso validity; untrained elementary/Panchayat/Nagar/Block teachers termination Bihar; four-year qualification window 09.08.2017 to 08.08.2021; NCTE minimum qualification Diploma in Elementary Education; NIOS online D.El.Ed course; relaxation under Section 23(2) till 31.03.2015 (S.O.1353(C)); deemed continuance from initial appointment; withheld results and unissued certificates relation back; post-31.03.2015 unqualified appointments invalid; compassionate appointees redeployment; supplementary examination chances; retrospective amendment and deeming fiction (Zile Singh, St. Aubin, Finsbury); Devesh Sharma; LPA 744/2022 affirmed; Letters Patent Appeal 748 of 2022 Patna High Court Full Bench decided 20-03-2024; writ petitions dismissed appeals partly allowed; individual representations to State Government.
What did the court decide?
Writ petitions, in so far as the challenge to Section 23, dismissed; LPAs partly allowed subject to six directions: (1) those appointed prior to 01.04.2010 who acquired the teaching qualification on or before 08.08.2021 are entitled to be continued; (2) withheld results, when declared, if relating back to before 08.08.2021, entitle continuance; (3) certificate issuance concedes to the date of publication of results — if published before 08.08.2021, deemed continued; (4) unqualified teachers appointed during the relaxation period (01.04.2010–31.03.2015) who acquired the minimum qualification on or before 08.08.2021 are deemed continued; (5) persons appointed after 31.03.2015 who are unqualified must be terminated even if qualified within 08.08.2021, their appointments being invalid; (6) those in position as teachers on 01.04.2010 and on 31.03.2015 who did not acquire the qualification before 08.08.2021 stand terminated; individual cases to be considered by the State Government, and affected teachers may submit individual representations.