‘UPGRADE OR LEAVE’: SC TELLS BIHAR TEACHERS OPPOSING QUALITY TEST

New Delhi: Teachers help build the nation and should be open to upgrading their skills or be willing to leave their job, said the Supreme Court on Thursday refusing to entertain a petition by local body teachers in Bihar opposing a competency test prescribed for improving the quality of education in rural schools in the state.

Weighing in favour of children’s education, a vacation bench of justices BV Nagarathna and Ujjal Bhuyan said, “We are interested in the education of children in the country, particularly in the state of Bihar. If any teacher does not want to comply with this rule, let them resign. But If they wish to serve the students, let them take the competency examination.” 

The court was hearing a petition filed by two groups of teachers – Parivartankari Prarambhik Shikshak Sangh and Bihar Rajya Prarambhik Shikshak Sangh – employed with Panchayat-run schools in the state and who challenged the Bihar School Exclusive Teachers Rules, 2023, requiring them to take the competency exam.

According to the Bihar government, the test was optional and no action would be taken against those who do not wish to take the exam. However, the teachers who qualify would be put on par with the state government teachers. 

Dismissing the petitions, the bench said, “Teachers are people who build the nation. In a state like Bihar, if the government is making an effort to improve teachers, you are not allowing it. If you cannot face these tests, then leave.” 

The teachers through their lawyers informed the court that these teachers, known as Niyojit teachers had proved their competence by taking a competency examination at the time when their services were regulated by the Bihar Panchayat Teachers Rules, 2012. These teachers were originally appointed under the Bihar Panchayat Primary Teacher (Appointment and Service Conditions) Rules, 2006. Some of them were Shiksha Mitras appointed prior to 2006 who were absorbed as Niyojit teachers under the Primary Teachers Rules 2006. 

These teachers received regular pay scales and increments and urged that having established their competence, they cannot be put through the rigmarole of another competency test. Further, it was argued that the test would result in two classes of teachers which amounts to discrimination. 

The bench said, “Teaching is a noble profession. You are only interested in your salary and promotion. Lakhs of people have got no employment. And here, you do not wish to upgrade your skills. You have to take it wholly or else resign and go.” 

Taking a dig at the standard of education, particularly in rural parts of the country, the bench noted, “Look at our rural schools and the kind of education in our country. A postgraduate cannot write a leave letter. When the state does anything to enhance competency you challenge it in court. Everybody cannot afford to go to private or international schools.” 

The Patna high court, while upholding its judgement in 2023, had said that this was a good opportunity for the Niyojit teachers to get parity with the existing state government teachers with only the obligation on them to pass the competency test.

The high court had held that the test has been introduced “with the avowed objective of motivating the teachers to continue educating themselves and achieve a standard equivalent to that of the newly recruited teachers under the State School Teachers Rules 2023”. 

The state had argued before the high court that the change in policy was necessary to ensure quality of teaching and through it, substantially improve the quality of education in the state. In achieving this, the present policy also ensured that the livelihood of teachers is protected, the state had argued. 

The top court agreed with the finding of the high court and said, “The whole object of these Rules is to update teachers. We know these teachers get a high salary and we know what happens, they remain stagnant. Any rule by the state which says we have to upgrade the skill of teachers is good.” 

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2024-06-27T11:58:35Z dg43tfdfdgfd