Tarachand Ray v. The Union of India
Case brief
What is this about?
Untrained Panchayat/Block teachers termination Bihar; Section 23 RTE Act second proviso validity; four-year period commences 09.08.2017, cut-off 08.08.2021 (not 31.03.2019); relaxation notification S.O.1353(C) dated 01.06.2011 up to 31.03.2015; NIOS 18-month online Diploma in Elementary Education; deeming provision and retrospectivity; St. Aubin v. Attorney General (1951) 2 All ER 473; Zile Singh v. State of Haryana (2004) 8 SCC 1; Devesh Sharma v. Union of India 2023 SCC Online SC 985; L.P.A. No.744 of 2022 affirmed; batch of Letters Patent Appeals and writ petitions before Patna High Court Full Bench (K. Vinod Chandran, CJ, with Ashutosh Kumar and Rajiv Roy, JJ.); supplementary examination chances; compassionate appointment teachers; no-work-no-pay bridge course IGNOU; deemed continuance from initial appointment.
What did the court decide?
Writ petitions, insofar as the challenge to Section 23, dismissed; Letters Patent Appeals partly allowed subject to the six directions; individual representations of teachers coming within the first and second proviso to Section 23 to be considered by the State Government in light of the directions.