NIRMALA KUMARI vs THE STATE OF BIHAR AND ORS.

The Supreme Court held that the Bihar Panchayat Primary Teacher (Employment and Service Conditions) Rules, 2006 do not provide for termination of teachers failing the evaluation test, which was initially intended for increments. However, following the Right to Education Act, 2009, the State is permitted to mandate an evaluation test for teachers, emphasizing the need for qualified and trained educators. The Court directed that teachers failing the evaluation test thrice must undergo six months of training, after which they will be evaluated again, with the possibility of removal from service for those who do not pass.