Sitiya Devi v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.12 of 2023 In Civil Writ Jurisdiction Case No.8613 of 2021 ====================================================== 1.
Sitiya Devi W/o Shri Birbal Yadav, R/o Village - Domay, P.O. - Sugwa Uran, P.S. - Jhajha, District- Jamui.
2.
Gopal Kumar S/o Anuplal Singh, R/o Village- Garsanda, P.O.- Garsanda, P.S.- Jamui, District- Jamui.
... ... Appellant/s
Versus
1.
The Union of India represented through the Secretary, Department of School Education and Literacy, Ministry of Human Resources Development, New Delhi.
2.
The Secretary, Department of School Education and Literacy, Ministry of Human Resource Development, New Delhi.
3.
The Secretary, Legislative Department, Ministry of Law and Justice, New Delhi.
4.
The Additional Secretary, Department of School Education and Literacy, Ministry of Human Resource Development, New Delhi. 5.
The National Council of Teachers Education, New Delhi represented through its Director.
6.
The Regional Director, National Council of Teachers Education, Eastern Regional Committee, 15 Nilkanth Nagar, Nayapali Bhuvneshwar, Orissa. 7.
The State of Bihar, through Principal Secretary, Education Department, Government of Bihar, Patna.
8.
The Principal Secretary, Education Department, Government of Bihar, Patna.
9.
The Director, Primary Education, Government of Bihar, Patna. 10.
The Bihar School Examination Board, Patna through its Secretary. 11.
The Chairman, Bihar School Examination Board, Patna. 12.
The Secretary, Bihar School Examination Board, Patna. 13.
The State Council for Education research and Training, Bihar Mahendru Patna through its Director.
14.
The Director, State Council for Education research and Training, Bihar, Patna 15.
The District Education Officer, Jamui, District - Jamui. 16.
The District Programme Officer, Establishment (Education) Jamui, DistrictJamui. 17.
The Block Education Officer, Jhajha, District- Jamui. ... ... Respondent/s ======================================================
Patna High Court L.P.A No.12 of 2023 dt.16-07-2024 2/3 Appearance :
For the Appellant/s :
Mr.Mrityunjay Kumar, Advocate For the Respondent/s :
Mr. Apurva Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-07-2024 The judgment referred to in the impugned order has been challenged successfully in an appeal. In the appeal filed in L.P.A. No. 748 of 2022 and analogous cases, the following directions were issued :- "41. On the interpretation given by us to Section 23(1), we issue the following directions:-
1. those who were appointed prior to 01.04.2010 who have acquired the teaching qualification on or before 08.08.2021 would be entitled to be continued;
2. the results withheld, when declared, if it relates back to the period before 08.08.2021, those persons should be continued in employment;
3. the issuance of certificates also would have to concede to the date of publication of results; which if published before 08.08.2021, those persons will be deemed to have been continued;
4. the unqualified teachers who were appointed during the relaxation period, i.e. between 01.04.2010 and 31.03.2015 will also be deemed to have been continued, if they have acquired the teachers training qualification; the minimum qualification, on or before 08.08.2021.
5. The persons, who were appointed after 31.03.2015, if are unqualified will have to be terminated even if, they have acquired the qualification within 08.08.2021; since their appointment itself is invalid. There could not have been any unqualified persons appointed after 31.03.2015.
Patna High Court L.P.A No.12 of 2023 dt.16-07-2024 3/3 6.
Those who were in place as teachers on 01.04.2010 and then on 31.03.2015, if not acquired the qualification before 08.08.2021 will stand terminated."
2. A Special Leave to Appeal (C) No. 10872 - 10898 of 2024 (Md. Tanzim Reza & Ors. vs. The Union of India & Ors.) is filed before the Hon'ble Supreme Court in which there is a status quo order passed.
3. The appellants shall also be regulated by the status quo order if continued in service and eventually by the disposal of the Special Leave to Appeal.
4. The Letters Patent Appeal is disposed of.
(K. Vinod Chandran, CJ) (Partha Sarthy, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA