Partly allowed
Dropadi Kumari v. The State of Bihar
Patna HCL.P.A/789/2022
Case brief
AI extract
What is this about?
A batch of letters patent appeals and writ petitions challenged termination of untrained Bihar school teachers for failing to acquire the minimum teaching qualification within the period allowed by the second proviso to Section 23 RTE Act. The Full Bench re-interpreted the four-year window as commencing from commencement of the 2017 Amendment Act (09.08.2017, ending 08.08.2021), not the retrospect
What did the court decide?
Teachers acquiring qualification by 08.08.2021 deemed continued from initial appointment; others terminated; writ petition challenge to Section 23 dismissed; appeals partly allowed.