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Synopsis

The Patna High Court has ordered the Bihar government to treat contract teachers and guest teachers equally in the recruitment process conducted by the Bihar Public Service Commission (BPSC). The directive has resulted in the suspension of the BPSC's Teachers Recruitment Exam (TRE)-3.

Justice Anjani Kumar Sharan, addressing multiple petitions, emphasised that both contract and guest teachers perform the same teaching duties, with no distinguishable difference between them. Consequently, the state government must decide within a month to grant guest teachers five marks for each year of employment, up to a maximum of 25 marks, as is already accorded to contract teachers. “The management of the Backward and Extremely Backward Classes Welfare Department has given the said grace marks to the contractual teachers not to the Guest Teacher. It is policy matter of the State to grant grace marks to contractual basis teacher not to Guest Teacher that is violation of Article 14 of the Constitution of India,” the court stated.

This directive also stays the TRE-3 advertisement No. 22/24, issued in February 2024, for the School Teacher positions under the Education Department and SC & ST Welfare Department, based on requisitions from these departments. The advertisement did not include any provision to grant five marks per year of employment, up to a maximum of 25 marks, for guest teachers who were previously employed, as specified by the requisitioning departments. Additionally, it is noteworthy that the TRE 3.0 exam, conducted on March 15, 2024, was cancelled by a notice dated March 20, 2024.

This ruling will benefit over 4,000 guest teachers across Bihar, enabling them to compete in the BPSC recruitment exam with the same preferential marks as contract teachers. The guest teachers lost their positions on April 1, 2024, following a directive from the education department. This decision was precipitated by a January 2018 order to discontinue guest teachers' services, as the hiring of 94,738 permanent teachers rendered their roles redundant. Guest teachers were previously compensated at a rate of Rs 1,000 per working day, capped at Rs 25,000 per month.

The court highlighted that guest teachers, like their contract counterparts, also participated in various administrative tasks, such as election duties and examination evaluations. However, the BPSC had initially failed to extend the same preference marks to guest teachers in its TRE 3.0 advertisement.

Additionally, the court noted that both sittings of the TRE 3.0, held on March 15, were previously cancelled by the BPSC due to allegations of question paper leaks. The BPSC is anticipated to announce a new examination date following the elections.

The court observed that both contract teachers and guest teachers perform the same duties by teaching students, with no discernible difference between them. Therefore, the court held that guest teachers should also be entitled to five marks for each year of employment, up to a maximum of 25 marks, similar to the benefits given to contract teachers.

Consequently, the writ petition was allowed. Further, the state government is directed to make a final decision within one month regarding the grant of these marks to guest teachers. Additionally, Advertisement No. 22/24, dated February 7, 2024, was stayed.

 

Cause Title: Sandeep Kumar Jha & Ors v State of Bihar & Anr [Civil Writ Jurisdiction Case No.2270 of 2024]