Patna: Patna High Court has ruled that Vishesh Shikshaks (Special Teachers) appointed after clearing Bihar’s competency test process are entitled to postings in their preferred districts, holding that the state government cannot retrospectively withdraw that right through later amendments.
The verdict was delivered by a single-judge bench headed by Justice Alok Kumar Sinha, which allowed petitions filed by more than 350 Special Teachers.
The petitioners had challenged a government order that:
- stayed their appointment process
- cancelled provisional postings
- directed their repatriation to previous places of posting
Recruitment Conducted Under 2023 Rules
The case relates to the:
Rules for Appointment and Service Conditions of Special Teachers, 2023
Under the policy, contractual teachers in Bihar were given an opportunity to become Special Teachers after clearing a competency examination.
As part of the process, candidates were allowed to select:
- three preferred districts for posting
Officials completed the examination and selection process on this basis, and several candidates subsequently received provisional appointment letters.
Government Later Changed Rules
However, on December 19, 2024, the Bihar government amended the rules and removed the provision allowing teachers to choose their preferred districts.
Two days later, on December 21, 2024, the Director of Primary Education issued an order:
- cancelling provisional appointments of several teachers
- directing them to return to their earlier postings
The affected teachers subsequently approached the High Court challenging the decision.
Court Says Rights Cannot Be Withdrawn Retroactively
During the hearing, petitioners argued that the selection process had already been completed and that only school allocation remained pending.
The court accepted the argument that the teachers had already acquired a vested legal right under the original rules.
Justice Sinha held that:
- retrospective amendments could not be applied to a recruitment process that had already concluded
- the government could not revoke benefits after candidates had participated under the earlier framework
Relief For Thousands Of Teachers
The judgment is expected to provide major relief to thousands of Special Teachers across Bihar.
Following the ruling:
- teachers will remain eligible for postings in their chosen districts
- the government’s order cancelling provisional appointments will not be enforced
The verdict is likely to have broader implications for future recruitment and service-condition disputes involving retrospective policy changes in Bihar.
