The Letters Patent Appeal against an order terminating the appellant's service as a teacher is disposed of subject to the status quo order passed by the Supreme Court in connected Special Leave Petitions regarding the interpretation of teacher qualification requirements and retention dates.
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 Letters Patent Appeal No.607 of 2023 In
Civil Writ Jurisdiction Case No.13325 of 2022
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Sanjiv Kumar Singh S/o Panchanand Singh, R/o Village- Pidron, P.O.- Kala, P.S.- Laxmipur, District- Jamui at Present Posted as Block Teacher at Government Upgraded Middle School Harchak, Block- Laxmipur, DistrictJamui.
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Mrityunjay Kumar, Advocate For the Respondent/s : Mr.Sarvesh Kumar Singh (AAG-13) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY
Patna High Court L.P.A No.607 of 2023 dt.15-07-2024 2/3
ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 15-07-2024
1. those who were appointed prior to 01.04.2010 who have acquired the teaching qualification on or before 08.08.2021 would be entitled to be continued;
2. the results withheld, when declared, if it relates back to the period before 08.08.2021, those persons should be continued in employment;
3. the issuance of certificates also would have to concede to the date of publication of results; which if published before 08.08.2021, those persons will be deemed to have been continued;
4. the unqualified teachers who were appointed during the relaxation period, i.e. between 01.04.2010 and 31.03.2015 will also be deemed to have been continued, if they have acquired the teachers training qualification; the minimum qualification, on or before 08.08.2021.
5. The persons, who were appointed after 31.03.2015, if are unqualified will have to be terminated even if, they have acquired the qualification within 08.08.2021; since their appointment itself is invalid. There could not have been any unqualified persons
Patna High Court L.P.A No.607 of 2023 dt.15-07-2024
3/3
appointed after 31.03.2015.
6. Those who were in place as teachers on 01.04.2010 and then on 31.03.2015, if not acquired the qualification before 08.08.2021 will stand terminated.”
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Anushka/-
AFR/NAFR CAV DATE Uploading Date 15.07.2024 Transmission Date
1 issue framed by the court
Whether the appellant is entitled to continuation in service as a teacher under the directions issued in the impugned appeal and subsequent Supreme Court status quo order.
Colour shows how this judgement treated each authority
L.P.A. No. 748 of 2022Referred¶6
Md. Tanzim Reza & Ors. vs. The Union of India & Ors.Referred¶8
Special Leave to Appeal (C) No. 10872 - 10898 of 2024 (Md. Tanzim Reza & Ors. vs. The Union of India & Ors.)
Sanjiv Kumar Singh
The Union of India through the Secretary, Ministry of Human Resources
The Secretary, Ministry of Human Resources
The Director (Evaluation), National Institute of Open Schooling
National Institute of Open Schooling
The Regional Director, National Institute of Open Schooling
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
