Madan Chaturvedi v. The State of Bihar
Case brief
What is this about?
RTE Act Section 23 second proviso; untrained unqualified teachers termination Bihar; four-year period 09.08.2017 to 08.08.2021; retrospective amendment 01.04.2015; NIOS Diploma in Elementary Education 18-month online course; NCTE minimum qualification; relaxation notification 01.06.2011 expiring 31.03.2015; TET condition; deemed continuation from initial appointment; fresh appointment; withheld results; non-issuance of certificate; supplementary examination; compassionate appointment redeployment ministerial Class IV; no estoppel against statute; LPA 744 of 2022 affirmed; Zile Singh (2004) 8 SCC 1; St. Aubin (1951) 2 All ER 473; Devesh Sharma 2023 SCC OnLine SC 985; Bihar Panchayat Elementary Teachers Rules 2012; Bihar State Schools Teachers Rules 2023.
What did the court decide?
Writ petitions challenging Section 23 of the RTE Act dismissed; Letters Patent Appeals partly allowed subject to six directions. Teachers (including pre-01.04.2010 appointees and relaxation-period appointees) who acquired the teaching qualification on or before 08.08.2021 are deemed continued from initial appointment; withheld results and certificate issuance relate back to publication of results before 08.08.2021; unqualified post-31.03.2015 appointees terminated notwithstanding later qualification. Individual teachers within the ambit of the first and second proviso may approach the State Government with individual representations, to be considered in light of the directions; L.P.A. No.744 of 2022 affirmed as correctly decided.