Bihar PSC cancels head teachers’ recruitment following HC order

The Bihar high court termed the Nationalised Primary School Head Teacher (Appointment, Transfer, Disciplinary Action and Service Condition) Rules, 2021 as draft rules and said it cannot be given effect until and unless draft rules is framed and published while inviting objections and suggestions

The Bihar Public Service Commission (BPSC) on Friday issued a notification cancelling the written test scheduled on December 22 for recruitment of head teachers in the state.

BPSC advertised vacancy for 40,506 head teachers and the written test scheduled on December 22. (File Photo)

The decision came after additional chief secretary (education) Dipak Kumar Singh wrote to the BPSC regarding need to cancel the scheduled exam in view of the Patna high court order dated December 12. BPSC had advertised vacancy for 40,506 head teachers. However, the Patna high court bench of justices PB Bajanthri and Purnendu Singh Bihar termed the Nationalised Primary School Head Teacher (Appointment, Transfer, Disciplinary Action and Service Condition) Rules, 2021 as draft rules.

“It cannot be given effect to until and unless draft rules is framed and published while inviting objections and suggestions, for the reasons that a class of person/persons rights are likely to be affected in the event of giving effect to Rules, 2021.” It said, on the basis of the admission made by the additional chief secretary in his counter affidavit.

“It is crystal clear that draft rules have not been published. Therefore, we hold that rules, 2021 is treated as draft rules. At the same time, the state government is hereby directed to treat it as draft Rules inviting objections/suggestions and the same may be issued in the gazette and also vide publication so as to such of those persons who were not before this court would be provided an opportunity of filing their suggestions/objections within two months,” it added.

The order came on the petition of Abdul Baqui Ansari and others, seeking reduction in teaching experience from 8 years minimum to be eligible for appointment as head teachers. They also sought direction to the respondent authorities to frame the rules for appointment of Urdu TET.

In August this year, barely 3.22% of teachers who appeared in the first-ever examination for the post of headmasters (HMs) in government schools could make the cut in the results announced by the Bihar Public Service Commission (BPSC). Against 6,421 vacancies released for the post of HMs, only 421 could qualify, which means nearly 97% posts remained vacant.

In August, the Bihar cabinet had cleared a proposal to create separate cadres of head teachers in primary schools and head masters in the higher secondary schools of the state. At present, a large number of schools are without head teachers and the matter has been raised in the Bihar legislature time and again.