BPSC recruitment: Patna High Court tells State to give equal grace marks to guest and contract teachers

The Patna High Court recently ruled that guest teachers are entitled to the same relaxations or award of grace marks as contract teachers in a recruitment drive for school teachers by the Bihar Public Service Commission (BPSC) [Sandeep Kumar Jha and Others v. State of Bihar through the Chief Secretary and Others]. .Justice Anjani Kumar Sharan reasoned that there is no difference in the duties discharged by guest teachers and contract teachers.The Court, therefore, stayed a school teacher recruitment advertisement dated February 7 which provided a relaxation for contract teacher candidates but not for candidates who were guest teachers.The said relaxation involved granting 5 marks per year of service up to a maximum of 25 marks as preference/ weightage marks to teachers engaged on a contract basis by the Backward Class and Extreme Backward Class Welfare Department.The Court ordered the State authorities to ensure that the same relaxation is given to candidates who are guest teachers as well. "I am of the view that both the contract teachers and the guest teachers are discharging same duties as they are teaching the students in the school and there is no difference between the contract teachers and the guest teachers. In my opinion, the Guest teachers are also entitled to 5 marks for each 1 year of employment and maximum 25 marks as given to the contract teachers," the Court said in its May 29 judgment..The Court made it clear that guest and contract teachers cannot be treated differently on this aspect, and directed the State to take a final call on the issue within a month. "The State Government is directed to take final decision to grant of 5 marks for each year of employment and maximum 25 marks to the guest teacher as given to the contract teachers, within one month. The Advertisement no. 22/24 dated 07.02.2024 is hereby stayed," the judgment said. .The Court was dealing with petitions filed by several guest teachers (petitioners) engaged by the State Education Department.These teachers were aggrieved by a decision to award certain grace marks only to contract teachers when it came to the recruitment of regular school teachers by the BPSC.The State countered that guest teachers engaged by the Education Department could not claim parity with teachers engaged on contract basis under the Backward Class and Extreme Backward Class Welfare Department..The Court, however, rejected the State's stance. It noted that guest teachers, like their contract counterparts, took part in various administrative activities as well, including election duties and assessment evaluations. The Court noted that despite this, the BPSC omitted to give preference marks in line with their years of experience to guest and contract teachers equally when it came to their appointment as school teachers.There is hardly any distinction in the work of teaching done by the guest and contract teachers, the Court noted while directing the State to ensure that the guest teachers are vested with the same preference marks as their contract counterparts..Advocates Nityanand Mishra and Alok Abhinav appeared for the petitioners.Advocate Ajay Kumar appeared for the State of Bihar.Advocate Parul Prasad appeared for the BPSC..[Read Judgment]