Bihar Contractual Teachers Can't Be Fired Even If They Fail Competency Test: Patna HC

In a bid to offer relief to around 3.5 lakh niyojit (employed) contractual teachers, appointed by the Panchayati Raj and urban local bodies, the Patna High Court on Tuesday rejected the provisions in the latest service rules. The rejected provision suggested that the teachers who have failed to clear the competency tests would be removed from their services.

The bench of Chief Justice K Vinod Chandran and Justice Harish Kumar disposed of a series of petitions. During the verdict, the bench stated, “Those who qualify in the test (competency test) would have better service conditions, which is only in recognition of their competence and those who fail to qualify and even refuse to attempt the tests, would still be continued in their employment.”

As per reports, there are around 3.5 lakh contractual teachers in the state who have been recruited in different government schools for several years. Meanwhile, the Nitish Kumar-led-Bihar government’s recent decision to impose Exclusive Teachers Rules-2023 emphasises the competency examinations. These examinations are undertaken for the teachers to obtain government employee status.

Following the decision, a wave of anger and disapproval was witnessed amongst such contractual teachers as they claimed that the government was trying to retrench the employed teachers from their jobs. After this, many niyojit teachers filed a petition in the High Court against the new rules.

According to reports, the new set of rules brought by the Bihar government grants the teacher a total of five attempts including three online and two offline to clear the tests. On clearing it, the contractual teacher will be able to get the status of a government employee. It allows the securing teachers to get the facilities provided by the Bihar Public Service Commission (BPSC).

Only about 70 per cent of the employed teachers in Bihar had applied for the competency test and the results of it have also been declared. Out of the total, 1,48,845 teachers appeared in the test for classes 1 to 5, and 1,39,010 cleared it. On the other hand, 23,873 teachers appeared in the competency test for classes 6 to 8, out of which 22,941 could clear the examination.