The Supreme Court has set aside a Patna High Court judgment that had directed reinstatement of a terminated Trained Block Teacher, holding that the candidate did not possess the qualification required under the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006.
A Bench of Justices Dipankar Datta and Sheel Nagu delivered the judgment on October 7, 2026.
The respondent had obtained a Senior Teacher Training Certificate from Dr. B. C. Roy College of Education, Calcutta, in January 1995. He was subsequently appointed as a Trained Block Teacher in Bihar on September 11, 2007.
In 2015, authorities found that the institution issuing the certificate was not recognised. His services were terminated in December 2015. The District Teacher Appellate Authority later ordered his reinstatement, but the State Appellate Authority reversed that decision.
The Patna High Court's Division Bench subsequently allowed the teacher's appeal and directed reinstatement with consequential benefits. The State of Bihar challenged that decision before the Supreme Court.
The Supreme Court noted that the certificate had been issued before the National Council for Teacher Education (NCTE) Act came into force. The Supreme Court focused on whether the respondent satisfied the eligibility requirements applicable to his appointment in 2007.
Under Rule 8(a) of the 2006 Rules, a Trained Block Teacher was required to possess a two-year teacher-training diploma or certificate from an institute recognised by the NCTE, among other prescribed qualifications.
The Court observed:
“Thus, on the date of appointment as Trained Block Teacher i.e., 11.09.2007, respondent was not eligible as per 2006 Rules, for not having obtained certificate from an institute recognized by N.C.T.E.”
The Court also examined earlier findings concerning the institution. It noted that previous High Court proceedings had involved a self-assessment regarding certificates issued by various institutes, but the Supreme Court had subsequently expressed doubt about the conclusions concerning their genuineness.
The Supreme Court held that eligibility for the public appointment had to be assessed under the rules governing the appointment in 2007. Since the certificate held by the respondent was not from an NCTE-recognised institute, he did not meet the eligibility requirement applicable to his 2007 appointment under the 2006 Rules.
The Court accordingly set aside the Patna High Court Division Bench judgment and allowed the State's civil appeal. The respondent's LPA No. 669 of 2022 was dismissed.
Case Title: The State of Bihar and Ors. v. Nandeshwar Kumar.
Case Number: Civil Appeal No. 13079 of 2026 (@ SLP (Civil) No. 33783 of 2026)
Judges: Justice Dipankar Datta and Justice Sheel Nagu
Decision Date: October 7, 2026
