Contract And Guest Teachers Discharging Same Duties; No Difference: Patna HC In BPSC Recruitment Case

The Patna High Court has issued a significant directive to the Bihar government, compelling it to ensure equal treatment for contract teachers and guest teachers in the recruitment process conducted by the Bihar Public Service Commission (BPSC). This direction has led to the suspension of the BPSC's Teachers Recruitment Exam (TRE)-3.

In a ruling disposing multiple petitions, the Single-Judge Bench of Justice Anjani Kumar Sharan emphasized the indistinguishable nature of the duties performed by both contract and guest teachers.

The Bench opined that both the contract teachers and the guest teachers are discharging same duties as they are teaching the students in the school and there is no difference between them. The Court mandated that 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, on par with the benefits already provided 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 a policy matter of the State to grant grace marks to contractual basis teachers, not to Guest Teacher, which is a violation of Article 14 of the Constitution of India," the Court said.

In its observation, the Court reiterated the similarity in duties performed by contract and guest teachers and mandated that guest teachers be entitled to similar marks for each year of employment, up to a maximum of 25 marks, as accorded to contract teachers.

"In my opinion, the Guest teachers are also entitled to 5 marks for each 1 year of employment and maximum 25 marks as given to the contract teachers. Accordingly, this writ petition is allowed and the State Government is directed to take final decision to grant of 5 marks for each year of employment and maximum 25 marks to the guest teacher as given to the contract teachers, within one month. The Advertisement no. 22/24 dated 07.02.2024 is hereby stayed," the Court ordered.

The Court stayed the TRE-3 advertisement No. 22/24 issued in February 2024 for School Teacher positions under the Education Department and SC & ST Welfare Department. The advertisement lacked provisions to grant marks to guest teachers who were previously employed, as specified by the requisitioning departments. Additionally, the TRE 3.0 exam conducted on March 15, 2024, was cancelled due to alleged question paper leaks.

Highlighting the administrative tasks undertaken by guest teachers, including election duties and examination evaluations, the court noted the failure of the BPSC to extend the same preference marks to them in TRE 3.0 advertisements. With both sittings of TRE 3.0 cancelled due to alleged question paper leaks, the BPSC is expected to announce a new examination date following the elections.

Consequently, the Writ Petition was allowed, and the State government has been directed to make a final decision within one month regarding the grant of 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 & Ors.

Appearance:-

Petitioner: Advocates Nityanand Mishra, Alok Abhinav

Respondent: Advocate Ajay Kumar

Click here to read/download the Judgment