The Supreme Court ruled that para-teachers (contractual teachers) in Jharkhand cannot be made permanent automatically. However, the Court ordered the state government to stop the “temporary” culture and follow a strict yearly plan to give these teachers a fair chance at permanent jobs.
A division bench of Justice Pankaj Mithal and Justice S.V.N. Bhatti in its order on Thursday said that while these teachers have worked for many years, they cannot bypass the official hiring rules. The Court explained that since these teachers were hired under a specific scheme (Sarva Shiksha Abhiyan), they don’t have a legal right to jump straight into permanent government roles.
The judges were critical of how the government keeps teachers on short-term contracts for decades. They noted that a teacher cannot focus on a child’s future if they are worried about their own job security.
The Court stated, “The sense of security of employment is a must for better work... Expecting a para-teacher, without a guarantee of their employment, to guarantee a child’s future and education is fallacious.”
The Court pointed out that Jharkhand already has rules to reserve 50% of permanent teaching jobs for para-teachers. The problem is that the State has not been holding exams or hiring regularly. To fix this, the Court “moulded the relief” by creating a mandatory schedule that the State must follow.
{{/usCountry}}The Court pointed out that Jharkhand already has rules to reserve 50% of permanent teaching jobs for para-teachers. The problem is that the State has not been holding exams or hiring regularly. To fix this, the Court “moulded the relief” by creating a mandatory schedule that the State must follow.
{{/usCountry}}The Bench warned the government that using “temporary” labels to avoid giving benefits is unfair.
“The time has come for the executive to... eliminate ad-hocism (temporary hiring) in public employment... it affects society’s progress and the future of children,” the judgment reads.
The Court concluded that while it cannot force the State to make everyone permanent instantly, the State must “activate, implement, and periodically honor” the hiring system it created. This means para-teachers who pass the required tests (like the TET) and have at least two years of experience will finally have a clear, yearly path to a permanent career.
The legal journey began in 2016 when Sunil Kumar Yadav and seventy-five other para-teachers filed a writ petition in the Jharkhand High Court, which eventually snowballed into a batch of over 100 similar petitions.
They challenged the state’s refusal to regularise their decade-long service despite their TET qualifications. After the High Court dismissed their claims on December 16, 2022, ruling that contractual appointments do not grant a right to permanency, the teachers moved the Supreme Court through Special Leave Petitions (SLPs).
Sunil Kumar Yadav welcomed the order saying that it paved the path for a policy decision at the government level.
“While rejecting automatic permanent jobs for Jharkhand para-teachers, it orders the state to fill vacancies every year. The court also asked the government to follow its rules to reserve 50% of permanent teaching jobs for para-teachers. After this order, we are waiting for a government’s policy,” he said.