Mohammad Taiyab Ansari v. The State of Bihar
S.23 RTE Act 2009 – second proviso (2017 Amendment, retrospectively effective 01.04.2015)
Case brief
What is this about?
Bihar untrained Panchayat/block/nagar teachers; Section 23 RTE Act 2009 provisos; Right of Children to Free and Compulsory Education (Amendment) Act 2017 retrospective effect from 01.04.2015; four-year qualification window 09.08.2017–08.08.2021 versus Single Judge cut-off 31.03.2019; NIOS Diploma in Elementary Education; NCTE minimum qualifications; Central Government relaxation S.O.1353(C) dated 01.06.2011 to 31.03.2015; deemed continuance from date of initial appointment; termination of post-31.03.2015 unqualified appointments; supplementary examinations immaterial; compassionate appointments equally bound; Zile Singh (2004) 8 SCC 1 retrospectivity; Patna High Court three-member bench (Chief Justice K. Vinod Chandran, Ashutosh Kumar J., Rajiv Roy J.; judgment dated 20.03.2024); batch of LPAs incl. LPA 748/2022; writ petitions dismissed, LPAs partly allowed with six-point directions for individual State adjudication.