Meena Devi and Others vs Rizwana Khatoon and Others

L. Narasimha Reddy, C.J.

This batch of Letters Patent Appeals is preferred with leave, against the order dated 2.4.2015 passed by the learned Single Judge in CWJC No. 12239 of 2014*. In the context of regularizing the services of the Panchayat Teachers, the Government stipulated a condition in the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2012 that a teacher must pass Teachers Eligibility Test (TET) in not more than two attempts, within a period of three years. When the steps were initiated for removal of the teachers, who did not clear the TET within the stipulated time and number of attempts, they approached this Court. The Government itself came forward with a proposal to amend the Rules. The learned Single Judge, however, took into account the Rules as its existed at the relevant time, and not only dismissed the writ petition, but also directed that the Government shall remove such of the teachers who did not complete the TET in two attempts, within a period of three years. The appellants are affected on account of the same.

We heard Sri Y.V. Giri, learned senior counsel for the appellants, on the one hand, and Sri Ajeet Kumar, learned Standing Counsel-28, for the respondent-State, on the other hand, at some length on 17.4.2015, and passed a detailed order, directing the Government to spell out its policy as to whether it intends to give an opportunity to the teachers, who did not clear the TET in two attempts.

The State of Bihar filed a detailed counter affidavit. It is stated that after due deliberation, the Government has decided to give one more opportunity to such of the teachers, who did not clear the TET in two attempts. The final announcement thereof is said to be awaited.

Taking these into account, we modify the order dated 2.4.2015 passed in CWJC No. 12239 of 2014 to the effect that till the Government spells out its policy in the form of resolution, no punitive steps shall be taken and the Government, in turn, shall come forward with a resolution within a period of one month from today. If any opportunity is given, the appellants herein as well as other similarly situated persons shall be entitled to avail the benefit. Till such time, no punitive steps shall be taken. If any teacher does not clear the TET in the third attempt also, such teachers shall be liable to be terminated in accordance with law.

Hence, the appeals stand disposed of. Interlocutory applications, if any, shall stand disposed of. There shall be no order as to costs.

*Reported in Rizwana Khatoon Vs. State of Bihar and Others-->