The Allahabad High Court ruled that issue of vacant teaching and non-teaching staff positions in schools across Uttar Pradesh, particularly in junior high schools, which has adversely impacted students' education is violation of fundamental Right to Education.

The Court made this observation during a hearing of a writ petition filed by a junior high school, which had approached the Court due to the non-appointment of staff according to the sanctioned posts. The petition revealed that several key positions at the school, including one Headmaster, two Assistant Teachers, one Clerk, and two Class-IV employees, have been vacant since June 2022.

A Bench of Justice Prakash Padia held, “It is well known fact throughout the State of U.P. that the students are suffering due to non-availability of Principals and Assistant Teachers. In so far as present case is concerned, it is clear that inpsite of the repeated request made by the institution till date the necessary orders were not passed by the authorities to fill up the posts of Principal and Assistant Teacher. The right to education is a fundamental right, and from perusal of the facts as narrated above, it is clear that the respondents are violating the fundamental rights guaranteed to the citizens under the Constitution of India.”

The Court had earlier pointed out the lack of clarity regarding the timeline for appointing the necessary staff, and during a previous hearing on December 10, 2024, the Court noted that the large number of vacancies was compromising the quality of education in the state, with no progress being made to resolve the issue.

The Court was informed that, despite the state government's efforts to seek a report from the Director General of Schools, Education in Uttar Pradesh, there had been no response. The state government had sent letters requesting a clear proposal, but as of the hearing, none had been submitted.

Taking serious note of this, the Court directed the Director General of School Education in Uttar Pradesh to file a personal affidavit within ten days explaining the delay in submitting the necessary report to the state government. The Court emphasized that the issue was well-known throughout the state, with students suffering due to the absence of Principals and Assistant Teachers in schools.

The case has been scheduled for the next hearing on February 17, 2025, with the Court awaiting the state's response regarding the appointment of staff and the delay in addressing the issue.

Cause Title: C/M Krishi Audyogik Vidyalaya Aau & Anr. v. State of U.P. & Ors.

Appearance:

Petitioners: Advocates Hritudhwaj Pratap Sahi, Samarath Singh, Sankalp Narain

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