Manish Kumar v. The State of Bihar
Case brief
What is this about?
The Patna High Court Bench upheld the constitutionality of the qualification mandate under Section 23 of the RTE Act, 2009. Key date fixes were established: the four-year period starts from the Act's actual commencement (09.08.2017) ending 08.08.2021. Teachers appointed before 01.03.2016 are deemed continued if qualified by the deadline; teachers appointed after this cut-off without qualification initially must be terminated even if they later qualify. Results issued before the deadline confer continued service regardless of issuance delay.
What did the court decide?
The Court directed that teachers appointed before 01.03.2016 (during relaxation) who acquire qualification by 08.08.2021 are deemed continued. Those appointed after 31.03.2015 without qualification are to be terminated. Petitions challenging the validity of Section 23 of the RTE Act have been dismissed.