Raju Kumar v. The State of Bihar
Case brief
What is this about?
Keywords: Bihar Niyojit/Panchayat teachers; Bihar School Exclusive Teachers Rules 2023; Article 309 proviso; doctrine of occupied field; Local Bodies Teachers Rules 2020; Article 243-G; Bihar Panchayat Raj Act ss.22/47/146; competency test voluntary; no termination of non-qualifying teachers; proviso to Rule 4 struck down; Rule 12 struck down; Grievance Redressal Rules 2020 appellate authority to continue; promotion ratio and career progression directions; equal pay for equal work — Randhir Singh (1982) 1 SCC 618, Jasmer Singh (1996) 11 SCC 77, Charanjeet Singh (2006) 9 SCC 321; Struggle Committee (2019) 18 SCC 301 distinguished on facts; A.B. Krishna (1998) 3 SCC 495 and Dr. Yadav (C.A. 5506/2003) applied on statutory rule primacy; Section 23 RTE Act 2009 compliance; Patna High Court; writ petitions partly allowed.
What did the court decide?
Writ petitions disposed of: the Bihar School Exclusive Teachers Rules, 2023 are upheld, except (a) the proviso to Rule 4, struck down (the Committee thereunder cannot recommend, and the Court declares none can be made of, termination of Niyojit teachers), and (b) Rule 12, struck down (the State/District Appellate Authorities under the Grievance Redressal Rules-2020 shall continue to function and accept new cases concerning Niyojit teachers). Directions issued to the State to provide a grievance-redressal mechanism for all cadres and to stipulate a career-progression/promotion ratio across cadres; the entire exercise must comply with Section 23 of the RTE Act, 2009. Interlocutory applications disposed of.