Contract teachers who fail to pass the qualifying exam will not lose their jobs: Patna HC

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Patna: The Patna High Court On Tuesday, it was stressed that there is no provision for this in the latest service rules. Niyojit teachers (Panchayat teachers) suggested that those who failed to pass the qualifying examination would be removed from their services. A bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar made the remarks while disposing of several petitions.
“Those who pass the examination (aptitude test) There will be better service conditions, which is only in recognition of their ability and that those who fail to qualify and even refuse to attempt the tests will still be continued in their employment “, the Chief Justice’s bench said.
Around 3.5 lakh contractual teachers in Bihar, who have been serving in government schools for many years, will get the status of government employees after passing the qualifying examination.
The recent decision of the Nitish Kumar-led Bihar government, outlined in the Special Teachers Rules-2023, makes qualifying examinations mandatory for attaining the status of a government employee.
Each teacher is given a total of five attempts (three online and two offline) to pass the test.
The court order highlighted that previous rules, such as the proficiency test prescribed in 2006, 2010 and 2012, mandated termination after two failed attempts.
However, the Special Teacher Rules-2023 does not impose dismissal for failure to pass the qualifying examination.
“We have to specifically note that earlier also after 2006; in 2010 and again in 2012, rules were brought in which prescribed a proficiency test with termination if one is unable to qualify after two attempts. However, the Special Teacher Rules – may not impose such consequences till 2023,” the bench said. The Advocate General acknowledged that many of the employed teachers who would qualify as state school teachers under the new rules have got their postings in other districts. Has refused to join due to.
The appointed teachers were appointed under the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 (for short ‘Primary Teachers Rules 2006’) and later these were governed by the Bihar Panchayat Teachers Rules, 2012 (for short ‘Panchayat Teachers Rules- ) was regulated by. 2012’)..
Some of them were Shiksha Mitras appointed before 2006 who were absorbed as teachers employed under the Primary Teachers Rules-2006. When Panchayat Teachers Rules-2012 came into force, all teachers had to appear in an examination to test their qualifications and only those who passed the examination were given regular pay scales and salary increments.
Senior JDU leader and Bihar Parliamentary Affairs Minister Vijay Kumar Chaudhary, reacting to the Patna HC order, said the state government never intended to dismiss employed teachers who failed to pass the eligibility test or who Did not appear in the examination. ,
He emphasized that the High Court order has clarified the issue by countering the misinformation spread by some vested interests regarding the appointed teachers and the Special Teachers Rules-2023.

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