Ravi Bhushan Prasad v. The State of Bihar
Case brief
What is this about?
RTE Act Section 23 second proviso; untrained in-service teachers Bihar termination; four-year window 09.08.2017 to 08.08.2021; deemed continuation from initial appointment; NIOS 18-month online Diploma in Elementary Education; NCTE minimum teacher-training qualification; Central relaxation S.O.1353(C) 01.06.2011 to 31.03.2015; Amendment Act 24 of 2017 retrospective effect; supplementary examinations confer no service right; compassionate appointees redeployment to ministerial/Class IV posts; Bihar Panchayat Elementary Teachers Rules 2012 Regulation 15(d); Bihar State Schools Teachers Rules 2023 recruitment; Letters Patent Appeals Patna High Court three-member bench; Zile Singh retrospectivity by necessary implication; St. Aubin deeming provision; Devesh Sharma v. Union of India.
What did the court decide?
Writ petitions, insofar as the challenge to Section 23, dismissed; L.P.As partly allowed subject to the six directions; teachers within the ambit of the first and second provisos may approach the State Government with individual representations to be considered in light of the directions; L.P.A. No.744 of 2022 held correctly decided.