The Patna High Court on Wednesday granted significant relief to more than 500 'niyojit' teachers appointed by panchayat and urban local bodies. Their prospects of receiving status and pay scale at par with state government schoolteachers had been affected by a decision of the Director of Primary Education issued on December 21, 2024.
Court Ruling
A single bench of Justice Alok Kumar Sinha, while allowing a batch of writ petitions filed by Kumar Gaurav and 515 other niyojit teachers, quashed the December 21, 2024 order. Through that order, the provisional appointments of all petitioners as exclusive schoolteachers, notified on November 20, 2024, had been cancelled.
The High Court held that the provisional appointments were valid and legal, as the entire exercise had been carried out in accordance with the provisions of the unamended Exclusive School Teacher Rules, 2023, which were later modified by the state government.
Background
The petitioners had successfully cleared the competency test conducted by the Bihar School Examination Board in February 2024 to become exclusive schoolteachers. Under the system, exclusive schoolteachers are entitled to salary and service benefits equivalent to those of state government teachers recruited through the Bihar Public Service Commission.
The unamended rules for exclusive schoolteachers had also provided candidates the option to choose postings through a preferential list of three districts of their choice. However, the provision relating to district preference was later withdrawn after the state government amended the 2023 rules.
Impact of Amendment
Following the amendment, the Director of Primary Education cancelled the provisional appointments of the petitioners. The High Court termed the cancellation illegal and arbitrary and ruled in favour of the teachers.
This judgment is expected to restore the appointments and entitlements of over 500 teachers, providing them with pay parity and service benefits at par with state government schoolteachers.
