Patna High Court
Kabita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RITESH KUMAR
Holding
The petition is disposed with directions to the respondents to implement the Full Bench’s guidelines, allow the petitioner to continue in service, and pay her salary.
Summary
Kabita Kumari, a teacher, challenged a circular (Letter No.978 dated 13‑11‑2020) that ordered removal of teachers who had not completed 18 months of D.El.Ed training and passed the examination by 31‑03‑2019. She sought quashing of the circular, restraint from her removal, and regularisation of her service with payment of salary. The High Court earlier directed provisional joining, which she complied with. The Court noted that the Full Bench in Bibi Sakina Khatoon v. Union of India (2024) had laid down detailed criteria under Section 23(1) for continuation or termination of unqualified teachers based on appointment dates and qualification acquisition. The State counsel raised no objection. The Court disposed the writ, directing the respondents to act in accordance with the Full Bench directions, to consider her medical inability to appear for two papers, to regularise her service, and to pay her salary, with compliance required within three months.
Issues considered
- Whether the impugned Letter No.978 directing removal of teachers without D.El.Ed qualification is legally valid.
- Whether the petitioner is entitled to continuation in service and salary despite not having passed the D.El.Ed examination by the stipulated deadline.
- How Section 23(1) of the applicable education statute should be interpreted concerning qualification requirements and termination of teachers.
Subjects
- teacher qualification
- D.El.Ed
- service termination
- writ petition
- education department
- Section 23
- regularisation
- salary
- provisional joining
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4417 of 2021
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Kabita Kumari daughter of Late Ram Vilash Yadav and Wife of Mr. Sharad
Kumar, Resident of Mohallah Lanka Tola, Murgi Farm Road, Sadar
Madhubani, Police Station- Khajanchi- Hat, within Purnia Town, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
3. The Municipal Commissioner, Purnia-cum-Appointing Aurhority of the
Nagar Nigam Units of Purnia Municipal Corporation.
4. The District Education Officer, Purnia.
5. The District Program Officer (Establishment), Purnia.
6. Block Education Officer, Sadar (Headquarter), Purnia East Purnia.
7. Head Master, Baal Madhya Vidyalaya, Madhubani, Purnia.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Gyanand Roy, Advocate
For the State : Mr. Kameshwar Kumar, G.P.-17
For the Res. No.3 : Mr. Prince Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
4 26-03-2026 Heard the learned counsel for the parties.
2. The following reliefs are being sought for in the
present writ petition:
“i. For quashing the impugned Letter
No.978, dated 13-11-2020 (as contained in
Annexure P/1 to this petition), issued by the
Director, Primary Education, under Letter No.978,
dated 13-11-2020, addressed to all the District
Education Officer as well as District Program
Officer (Establishment), Bihar, so far as it relates to
the petitioner. By which impugned order dated 13-
Patna High Court CWJC No.4417 of 2021(4) dt.26-03-2026
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11-2020, it has been directed that all such teachers,
who have not completed 18 months D. El. Ed.
Training upto 31-03-2019, and have not passed D.
El. Ed. Examination should be removed from the
service, by the appointing units by following
procedure in accordance with law and payment of
salary should be made to the working teacher from
the date of passing of the D. El. Ed. Examination
only.
ii. For restraining the respondents from
removing the petitioner from service on the ground
that she has not been passed D. El. Ed. Examination,
upto 31-03-2019, as has been directed in the
impugned order dated 13-11-2020 (As contained in
Annexure P/1 to this petition).
iii. For commanding the respondents to
accept the joining of the petitioner submitted by her
on 27-01-2020, to the Commissioner, Municipal
Corporation, Purnia-cum-Appointing Authority of
the Nagar Nigam Units Purnia, and to regularize the
period of her leave of the period from 01-04-2019 to
26-01-2020 and also to make payment of arrear as
well as current salary to her.”
3. It appears from the record that vide order dated
09.05.2022, a Coordinate Bench of this Court, while issuing
notice to the respondents, directed the petitioner to serve a copy
of the writ petition upon the learned Government counsel and
the learned counsel for the State was directed to file a reply. It
was observed that the petitioner had requested the authorities
concerned to allow her to join, but the respondent authorities are
not allowing the petitioner to join and considering the same, a
Patna High Court CWJC No.4417 of 2021(4) dt.26-03-2026
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direction was issued that the petitioner shall be allowed
provisionally to join and to perform her duties.
4. The learned counsel for the petitioner submits that
in compliance of the said order dated 09.05.2022, the petitioner
subitted her joining before the concerned respondents and is
performing her duties. It is further submitted that the issue in
question has been decided by Hon’ble Full Bench of this Court
vide its judgment dated 20.03.2024, reported in 2024 (3) B.L.J.
1 (Bibi Sakina Khatoon & Ors. vs. The Union of India & Ors.),
wherein in paragraph no.-41, the Hon’ble Full Bench had issued
certain directions, which is reproduced hereinbelow:
“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
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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.
(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.”
5. The learned counsel appearing on behalf of the
State does not object to the said submission made by the learned
counsel for the petitioner.
6. The writ petition is disposed of with a direction to
the respondent authorities to take necessary steps in terms of the
observations made in paragraph no.-41 of the judgment passed
by the Hon’ble Full Bench in the case of Bibi Sakina Khatoon
(supra) and to consider the fact that the petitioner could not
appear in two papers, i.e., Code No.506, Understanding children
in inclusive context and Code No.507, Community &
Elementary Education on account of medical reasons and take
decision in accordance with law. The authorities concerned are
further directed to consider that since the petitioner is said to
have joined, pursuant to the order dated 09.05.2022, passed in
the present writ petition and if she has continued by virtue of the
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said order, she is entitled for the salary for the said period. The
entire exercise must be completed within a period of three
months from the date of receipt/production of a copy of this
order.
7. The writ petition is disposed of in the
aforementioned terms.
(Ritesh Kumar, J.)
Sanjay/-
U
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