Patna High Court - OrdersNilam Kumari vs The State Of Bihar on 28 November, 2023Bench:Chief Justice,Rajeev Ranjan Prasad,Rajiv RoyIN THE HIGH COURT OF JUDICATURE AT PATNA\n                  Letters Patent Appeal No.748 of 2022\n                                    In\n              Civil Writ Jurisdiction Case No.3285 of 2021\n======================================================\nBibi Sakina Khatoon and Others\n                                                          ... ... Appellants\n                                  Versus\nThe Union of India and Others\n                                                       ... ... Respondents\n\n                                along with\n\nLetters Patent Appeal Nos. 694 of 2022, 696 of 2022, 701 of 2022, 704 of\n2022, 713 of 2022, 729 of 2022, 731 of 2022, 732 of 2022, 733 of 2022, 736\nof 2022, 737 of 2022, 738 of 2022, 739 of 2022, 740 of 2022, 743 of 2022,\n750 of 2022, 751 of 2022, 752 of 2022, 758 of 2022, 759 of 2022, 762 of\n2022, 763 of 2022, 764 of 2022, 765 of 2022, 766 of 2022, 768 of 2022, 769\nof 2022, 771 of 2022, 773 of 2022, 774 of 2022, 776 of 2022, 778 of 2022,\n779 of 2022, 782 of 2022, 785 of 2022, 786 of 2022, 787 of 2022, 788 of\n2022, 789 of 2022, 792 of 2022, 794 of 2022, 795 of 2022, 797 of 2022, 798\nof 2022, 800 of 2022, 801 of 2022, 802 of 2022, 803 of 2022, 804 of 2022,\n806 of 2022, 807 of 2022, 4 of 2023, 5 of 2023, 6 of 2023, 7 of 2023, 8 of\n2023, 9 of 2023, 11 of 2023, 13 of 2023, 14 of 2023, 16 of 2023, 17 of 2023,\n18 of 2023, 19 of 2023, 20 of 2023, 23 of 2023, 24 of 2023, 25 of 2023, 26 of\n2023, 28 of 2023, 37 of 2023, 38 of 2023, 39 of 2023, 40 of 2023, 41 of 2023,\n42 of 2023, 43 of 2023, 44 of 2023, 45 of 2023, 47 of 2023, 48 of 2023, 49 of\n2023, 50 of 2023, 51 of 2023, 52 of 2023, 53 of 2023, 55 of 2023, 56 of 2023,\n57 of 2023, 58 of 2023, 61 of 2023, 62 of 2023, 63 of 2023, 66 of 2023, 68 of\n2023, 69 of 2023, 70 of 2023, 71 of 2023, 72 of 2023, 73 of 2023, 74 of 2023,\n79 of 2023, 80 of 2023, 81 of 2023, 83 of 2023, 85 of 2023, 87 of 2023, 88 of\n2023, 89 of 2023, 90 of 2023, 91 of 2023, 92 of 2023, 93 of 2023, 94 of 2023,\n95 of 2023, 96 of 2023, 97 of 2023, 98 of 2023, 99 of 2023, 100 of 2023, 101\nof 2023, 102 of 2023, 103 of 2023, 104 of 2023, 105 of 2023, 107 of 2023,\n108 of 2023, 109 of 2023, 110 of 2023, 112 of 2023, 113 of 2023, 115 of\n2023, 121 of 2023, 122 of 2023, 123 of 2023, 124 of 2023, 125 of 2023, 128\nof 2023, 131 of 2023, 132 of 2023, 133 of 2023, 135 of 2023, 136 of 2023,\n138 of 2023, 144 of 2023, 145 of 2023, 146 of 2023, 148 of 2023, 149 of\n2023, 150 of 2023, 151 of 2023, 152 of 2023, 153 of 2023, 154 of 2023, 155\nof 2023, 160 of 2023, 161 of 2023, 162 of 2023, 165 of 2023, 166 of 2023,\n167 of 2023, 168 of 2023, 169 of 2023, 173 of 2023, 176 of 2023, 180 of\n2023, 181 of 2023, 183 of 2023, 184 of 2023, 185 of 2023, 189 of 2023, 190\nof 2023, 191 of 2023, 193 of 2023, 194 of 2023, 195 of 2023, 196 of 2023,\n197 of 2023, 201 of 2023, 202 of 2023, 203 of 2023, 204 of 2023, 205 of\n2023, 206 of 2023, 207 of 2023, 208 of 2023, 209 of 2023, 211 of 2023, 213\nof 2023, 214 of 2023, 218 of 2023, 222 of 2023, 224 of 2023, 228 of 2023,\n229 of 2023, 231 of 2023, 232 of 2023, 233 of 2023, 234 of 2023, 236 of\n2023, 237 of 2023, 238 of 2023, 240 of 2023, 241 of 2023, 242 of 2023, 243\nof 2023, 244 of 2023, 245 of 2023, 246 of 2023, 247 of 2023, 249 of 2023,\n253 of 2023, 254 of 2023, 255 of 2023, 256 of 2023, 257 of 2023, 258 of\n2023, 259 of 2023, 260 of 2023, 264 of 2023, 266 of 2023, 267 of 2023, 269\nof 2023, 270 of 2023, 272 of 2023, 273 of 2023, 274 of 2023, 276 of 2023,\n           Patna High Court L.P.A No.748 of 2022(11) dt.28-11-2023\n                                                       2/4\n\n\n\n\n                  277 of 2023, 278 of 2023, 279 of 2023, 280 of 2023, 284 of 2023, 285 of\n                  2023, 286 of 2023, 287 of 2023, 292 of 2023, 294 of 2023, 296 of 2023, 297\n                  of 2023, 298 of 2023, 302 of 2023, 303 of 2023, 304 of 2023, 309 of 2023,\n                  313 of 2023, 314 of 2023, 315 of 2023, 318 of 2023, 319 of 2023, 320 of\n                  2023, 321 of 2023, 322 of 2023, 323 of 2023, 324 of 2023, 327 of 2023, 329\n                  of 2023, 330 of 2023, 331 of 2023, 334 of 2023, 335 of 2023, 341 of 2023,\n                  345 of 2023, 347 of 2023, 351 of 2023, 352 of 2023, 353 of 2023, 355 of\n                  2023, 358 of 2023, 359 of 2023, 360 of 2023, 361 of 2023, 362 of 2023, 364\n                  of 2023, 365 of 2023, 366 of 2023, 368 of 2023, 372 of 2023, 373 of 2023,\n                  374 of 2023, 375 of 2023, 378 of 2023, 382 of 2023, 383 of 2023, 384 of\n                  2023, 385 of 2023, 391 of 2023, 394 of 2023, 403 of 2023, 404 of 2023, 407\n                  of 2023, 409 of 2023, 416 of 2023, 419 of 2023, 421 of 2023, 424 of 2023,\n                  431 of 2023, 433 of 2023, 438 of 2023, 443 of 2023, 465 of 2023, 471 of\n                  2023, 474 of 2023, 482 of 2023, 487 of 2023, 491 of 2023, 492 of 2023, 495\n                  of 2023, 496 of 2023, 500 of 2023, 501 of 2023, 505 of 2023, 506 of 2023,\n                  529 of 2023, 535 of 2023, 537 of 2023, 538 of 2023, 544 of 2023, 545 of\n                  2023, 553 of 2023, 558 of 2023, 562 of 2023, 563 of 2023, 648 of 2023, 752\n                  of 2023, 861 of 2023.\n                                                     with\n\n                  Civil Writ Jurisdiction Case Nos. 4339 of 2023, 5435 of 2023, 5613 of 2023,\n                  5616 of 2023, 5640 of 2023, 5969 of 2023, 6645 of 2023, 7186 of 2023, 7462\n                  of 2023, 7504 of 2023, 7564 of 2023, 9069 of 2023, 9110 of 2023, 9159 of\n                  2023, 9216 of 2023, 9396 of 2023, 9454 of 2023, 9456 of 2023, 9487 of\n                  2023, 9654 of 2023, 10496 of 2023, 10947 of 2023, 13959 of 2023, 13983 of\n                  2023, 15581 of 2023.\n                    ======================================================\n\n\n                  Appearance :\n                  (In Letters Patent Appeal No. 748 of 2022)\n                  For the Appellant/s      :       Mr. Mrityunjay Kumar, Advocate\n                  For the Respondent/s     :       Mr. P.K. Shahi, Sr. Advocate\n                                                   Mr. Apurva Kumar, Advocate\n                                                   Mr. Sanjiv Kumar, Advocate\n                  ======================================================\n                  CORAM: HONOURABLE THE CHIEF JUSTICE\n                          and\n                          HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD\n                          and\n                          HONOURABLE MR. JUSTICE RAJIV ROY\n                                        ORAL ORDER\n\n                  (Per: HONOURABLE THE CHIEF JUSTICE)\n\n11   28-11-2023Having heard learned counsel for the parties, we are\n\n                    of the opinion that a counter affidavit should be placed on\n\n                    record by a responsible officer of the State other than the\n Patna High Court L.P.A No.748 of 2022(11) dt.28-11-20233/4District Education Officer who has now filed the counter\n\n          affidavit; preferably a Secretary, specifically pointing out details\n\n          of the training programme conducted and the number of\n\n          opportunities given to the teachers to acquire the training in\n\n          Teachers' Education and qualify the same on or before\n\n          31.03.2019 as provided underSection 23of the Right of\n\n          Children to Free and Compulsory Education Act, 2019.2. The State shall also specify as to whether any\n\n          training courses were conducted after 31.03.2019 since these\n\n          teachers are now sent out for not having acquired the\n\n          qualification as on the said cut-off date. The counter affidavit\n\n          along with the details of the training programme as also the\n\n          opportunities given to the teachers for the purpose of appearing\n\n          in the qualifying examination shall be filed within a period of\n\n          two weeks from today. A Rejoinder/reply by the petitioners or\n\n          appellants shall be filed within a period of two weeks thereafter.3. In this context, we are told that the vacancies are\n\n          being filled up in a phased manner and a set of appointments\n\n          have already been made. The second stage is also in the advance\n\n          stage of appointments being carried out. There is no clarity as to\n\n          how many vacancies are required for the appellants/petitioners\n\n          who are aggrieved by their retrenchment for the reason of\n         Patna High Court L.P.A No.748 of 2022(11) dt.28-11-20234/4having not acquired the teacher education qualification.4. In such circumstances, we make it clear that the\n\n                  State Government shall specify in the future appointments that\n\n                  the appointments are subject to the result of LPA No. 748 of\n\n                  2022 and analogous cases.5. These matters shall be placed on 15 th January, 2024\n\n                  at 04:00 P.M.\n\n\n\n                                         (K. Vinod Chandran, CJ)\n\n\n                                         ( Rajeev Ranjan Prasad, J)\n\n\n                                                 ( Rajiv Roy, J)\nSUSHMA2/-U