In a significant legal move, the Bihar government has taken its case to the highest judicial authority, the Supreme Court, regarding the inclusion of B.Ed degree holders in the recruitment process for primary teachers this year. This action follows the Patna High Court’s dismissal of the state’s application for interim directions and clarifications concerning these appointments, where the written examination has been completed, and results are pending.
This legal battle began after the Supreme Court, in an order dated August 11, 2023, invalidated the notification issued by the National Council for Teacher Education (NCTE), which had previously made B.Ed degree holders eligible for primary school teacher positions. The Bihar government, facing the complexities arising from the SC’s decision, approached the Patna High Court for clarification.
The High Court, however, refused to provide the sought-after clarity, asserting that the Supreme Court’s orders were already explicit. In response, the state government has now approached the Supreme Court, arguing that the recruitment process for primary teachers is near completion. They contend that excluding B.Ed qualified candidates at this advanced stage would introduce complications and delays, contrary to the objectives of the Right to Education Act, 2009.
The timeline of this legal dispute includes the NCTE’s 2018 notification, later nullified by the Rajasthan High Court, and the subsequent introduction of the Bihar State School Teacher Rules, 2023. The Bihar Public Service Commission (BPSC) initiated a recruitment process for 1,70,461 teachers, which included B.Ed candidates. However, the Supreme Court’s ruling in August 2023 overturned the 2018 NCTE notification, creating a complex situation for Bihar.
The state’s plea highlights that the recruitment process is nearly concluded, with document verification and result declaration pending. Excluding B.Ed qualified candidates at this stage, when admit cards and other formalities have been issued, could lead to protracted delays and legal challenges. The Bihar government’s petition seeks to safeguard the recruitment process’s integrity and timeliness.
This legal tussle underscores the importance of clarity and consistency in educational recruitment processes and the challenges faced when changes occur mid-process. The Supreme Court’s decision on this matter will have far-reaching implications for teacher recruitment in Bihar.
