Simplified Explanation of the Judgment
In a landmark decision in CWJC No. 6546 of 2017, the Patna High Court addressed the long-standing grievances of contractual teachers (often referred to as “Niyojit Shikshak”) working in government schools across Bihar. The case involved several writ petitions challenging the lack of proper consideration for regular appointments despite years of continuous service.
The central issue revolved around the failure of the State Government to create a transparent, fair mechanism for the regularization of contractual teachers who had been serving for extended periods. Petitioners argued that they were being unfairly excluded from consideration for regular posts, despite fulfilling the essential eligibility criteria and having years of teaching experience.
The State Government, on the other hand, contended that contractual appointments were made outside the sanctioned posts and that such engagements did not automatically confer a right to regularization. However, the petitioners demonstrated that they were not only appointed through a legitimate process but also discharged their duties effectively for years. Many of them had qualified national eligibility tests and were otherwise suitable for regular appointments.
The Court noted that the government had introduced various schemes and rules to improve the quality of education and to provide basic infrastructure in schools, including teachers. Under these schemes, a large number of contractual teachers were appointed. Over the years, they became the backbone of Bihar’s rural education system. Despite this, they remained deprived of employment security, proper pay, and promotional avenues.
The High Court observed that while there is no automatic right to regularization, principles of fairness and equal treatment under Article 14 of the Constitution demand that the State must frame a policy to absorb long-serving contractual workers against permanent posts, provided they fulfill the necessary qualifications and their appointments were not tainted by illegality or fraud.
Emphasizing past Supreme Court rulings, the Court highlighted that arbitrary denial of such consideration—especially when the State continues to use their services—amounts to exploitation. It further pointed out that the Bihar Government had, in the past, regularized similarly placed employees in other departments, which indicated discriminatory treatment toward contractual teachers.
The Court directed the State to formulate a rational and fair policy for regularization within a reasonable timeframe. This policy should lay down clear eligibility criteria and a mechanism for absorbing deserving contractual teachers into permanent posts. The Court also ordered that pending such a policy, the petitioners’ services should not be abruptly terminated or adversely affected.
Significance or Implication of the Judgment
This judgment holds significant implications for thousands of contractual teachers in Bihar who have long served the education system without job security. It marks a progressive step toward recognizing the dignity of labor and ensuring fairness in government employment practices. The decision sends a clear message that the State cannot indefinitely rely on temporary employees without affording them a legitimate path to regularization.
For the general public, especially in rural areas, the judgment may lead to more motivated and stable teaching staff, improving educational outcomes. For the government, it places an obligation to formalize employment structures and reduce dependence on ad-hoc appointments, thereby promoting institutional integrity.
Legal Issue(s) Decided and the Court’s Decision with Reasoning
- Whether contractual teachers have a right to be considered for regularization.
✅ Yes. The Court held that while no one has a fundamental right to regularization, long-serving contractual employees are entitled to a fair policy-based consideration for permanent posts, especially when they meet the qualifications and were lawfully appointed. - Whether denial of such consideration violates Articles 14 and 16 of the Constitution.
✅ Yes. Discriminatory denial of regularization, especially when others in similar positions have been absorbed in other departments, violates equality before law and equal opportunity in public employment. - Whether the Court can direct the government to formulate a regularization policy.
✅ Yes. The Court has the authority to compel the State to design a rational and fair framework for regularizing eligible contractual workers. - Whether the petitioners’ services should be protected pending policy formulation.
✅ Yes. The Court directed the State not to terminate or adversely impact the petitioners’ employment until a final decision on the policy is made.
Judgments Referred by Parties
- Secretary, State of Karnataka vs. Umadevi (2006) 4 SCC 1
Referred to understand the principles surrounding regularization of temporary employees. - State of Punjab vs. Jagjit Singh (2017) 1 SCC 148
Discussed for parity in pay and equal treatment.
Judgments Relied Upon or Cited by Court
- State of Karnataka vs. Umadevi (2006) 4 SCC 1
The Court clarified that Umadevi does not bar all regularizations but prohibits arbitrary absorption without a policy. - State of Punjab vs. Jagjit Singh (2017) 1 SCC 148
The principle of “equal pay for equal work” was considered relevant. - Ajaypal Singh vs. State of U.P., (2020) 6 SCC 1
Cited to emphasize the need for fair policy-based absorption.
Case Title
CWJC No. 6546 of 2017 with connected matters
Case Number
CWJC No. 6546 of 2017
Citation(s)
2021(1)PLJR 209
Coram and Names of Judges
Hon’ble Mr. Justice P. B. Bajanthri
Hon’ble Mr. Justice Arun Kumar Jha
Names of Advocates and who they appeared for
Mr. Rajendra Prasad (for petitioners)
Mr. Sandeep Kumar, GP 14 (for State)
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MTUjNjU0NiMyMDE3IzEjTg==-O–ak1–HINX2wpkY=
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