BPSC Recruitment: Patna High Court Orders Parity In Grace Marks For Contract And Guest Teachers

The Patna High Court, in a recent directive to the state government, rooted for parity in the treatment of 'contract teachers' and 'guest teachers' within the Bihar Public Service Commission's (BPSC) recruitment processes. This directive has resulted in the temporary suspension of BPSC's Teachers Recruitment Exam (TRE)-3.

In his ruling, Justice Anjani Kumar Sharan emphasised the similarity in the roles and responsibilities of both contract and guest teachers, stating that there is no discernible difference in their teaching duties.

He asserted, “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 the contract teachers and the guest 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.”

Furthermore, the court mandated that the state government must make a definitive decision within one month regarding the allocation of marks for guest teachers, ensuring parity with contract teachers. Until such a decision is made, Advertisement no. 22/24 dated 07.02.2024 has been temporarily suspended.

The Court was addressing petitions brought forth by multiple guest teachers employed by the State Education Department.

These teachers were dissatisfied with a decision to grant specific grace marks exclusively to contract teachers during the recruitment process for regular school teachers by the BPSC.

In response, the State argued that guest teachers employed by the Education Department couldn't be equated with contract teachers under the Backward Class and Extreme Backward Class Welfare Department.

However, the Court dismissed the State's argument. It observed that guest teachers, akin to their contract counterparts, were involved in various administrative tasks, such as election duties and assessment evaluations.

"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 stated.

The Court emphasized the parallel responsibilities carried out by contract and guest teachers, decreeing that guest teachers should receive equivalent marks for each year of service, capped at 25 marks, mirroring the treatment of contract teachers.

In response to deficiencies in acknowledging the tenure of guest teachers in Advertisement No. 22/24 released by the Education Department and SC & ST Welfare Department in February 2024, the Court halted its implementation. This advertisement failed to allocate marks to guest teachers as prescribed by the concerned departments. Furthermore, the TRE 3.0 examination held on March 15, 2024, was annulled due to alleged leaks of the question paper.

The Court underscored the diverse administrative responsibilities undertaken by guest teachers, encompassing election duties and exam assessments. It criticized the Bihar Public Service Commission (BPSC) for not extending preferential marks to them in the TRE 3.0 advertisements. With both sittings of TRE 3.0 scrapped due to purported question paper leaks, the BPSC is anticipated to announce a new examination date post the elections.

Consequently, the Writ Petition was allowed, directing the State government to decide within one month on the grant of marks to guest teachers. Additionally, Advertisement No. 22/24 dated February 7, 2024, was suspended.

Case Title: Sandeep Kumar Jha and Others v. State of Bihar through the Chief Secretary and Others

Citation: 2024 LiveLaw (Pat) 40

Click Here To Download The Judgment