On January 4, 2018, chairman of District Board of Education, Sarva Shiksha Abhiyan-RTE Churachandpur issued an order of termination of one warden and seven teachers on the ground of want of requisite educational qualification as mandated by National Council of Teacher Education (NCTE).

Having been aggrieved, the teachers and warden assailed the termination order by filing the writ petition, along with a prayer for quashing and setting aside the order.

It was highlighted by the HC that in the notification of August 11, 2017 issued by the Director of Education (S), it has been clearly notified that the period of training of untrained in-service elementary teacher had been extended up to March 31, 2019 and that any elementary school teacher who does not have requisite minimum professional qualifications mandated under the RTE Act, 2009 would not be allowed to continue in service beyond April 1, 2019 and procedure for dismissal shall be initiated against such teachers thereafter, meaning thereby that untrained in-service elementary teacher can continue in service till March 31, 2019 and to obtain the required training/qualification during the extended period and that untrained elementary teachers cannot be terminated on the ground of want of requisite qualification during the extended period.

However, without taking into consideration the said notification allowing the untrained in-service elementary teacher to continue, the chairman District Board Education, SSA – RTE, Churachandpur terminated the services of the teachers and warden only on the ground of want of requisite educational qualifications and that too without giving any opportunity of being heard to them and in complete violation of the Principle of Natural Justice, stated the HC.

Therefore, the termination order was quashed and setting aside the impugned termination order.