Kumari Rubi v. The State of Bihar
Case brief
What is this about?
Bihar untrained/unqualified Panchayat, Block and Nagar teachers; RTE Act Section 23(2) second proviso; NCTE minimum qualification (D.El.Ed/B.Ed); NIOS 18-month online diploma; cut-off date 08.08.2021 versus 31.03.2019; deemed continuance from initial appointment; withheld results and non-issuance of certificates; invalidity of post-31.03.2015 unqualified appointments; supplementary examinations; compassionate appointment; termination; relaxation S.O.1353(C) dated 01.06.2011; Letters Patent Appeals batch and writ petitions; Full Bench reference; Patna High Court; Zile Singh retrospectivity analogy.
What did the court decide?
Writ petitions challenging Section 23 dismissed; Letters Patent Appeals partly allowed subject to six directions: continuance/deemed continuance (from initial appointment) for pre-01.04.2010 appointees and relaxation-period (01.04.2010-31.03.2015) appointees who qualified on or before 08.08.2021, with withheld results and certificates tied to the date of publication of results; termination of those in position on 01.04.2010/31.03.2015 without qualification by 08.08.2021 and of all unqualified post-31.03.2015 appointees irrespective of later qualification; individual representations to be considered by the State Government.