Md. Nier Rahman v. The State of Bihar through the Principal Secretary
Case brief
What is this about?
A bench of the Patna High Court interpreted Section 23 of the Right to Education (Amendment) Act, 2017, regarding teacher training qualifications. The court held that the four-year deadline to acquire qualification commences from the amendment's enactment date (August 9, 2017), ending on August 8, 2021. It directed that unqualified teachers appointed after March 31, 2015, be terminated as their appointments were invalid, while those appointed earlier had until the deadline to regularize. The writ petitions challenging the section were dismissed, and Letters Patent Appeals were partly allowed with specific directions.
What did the court decide?
Writ petitions challenging Section 23 of RTE amended Act dismissed. L.P.As partly allowed. Teachers appointed before 2010/2015 must acquire qualification by August 8, 2021, to continue; those appointed after 2015 without qualification to be terminated.