Abul Kalam v. The State of Bihar
Case brief
What is this about?
A three-Judge Bench of the Patna High Court interpreted Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 as amended in 2017. The Court held that the four-year extension for unqualified teachers to acquire minimum training runs from the enactment date of the Amendment Act (August 9, 2017), making the final deadline August 8, 2021. The Court ruled that while teachers appointed before April 1, 2010, and those appointed during the subsequent relaxation period (up to March 31, 2015) are entitled to continued service if they qualify by the deadline, appointments made after March 31, 2015, without minimum qualification are invalid.
What did the court decide?
Teachers appointed prior to 01.04.2010 or during the relaxation period who acquire qualification by 08.08.2021 are entitled to continued service. Appointments made after 31.03.2015 without minimum qualification are invalid and subject to termination. Cases involving withheld results declaring before the deadline should be treated as qualified.