Allahabad High Court Imposes Rs 100 Cost Each On Over 6400 Litigants For Filing Petition On Issue Of TET Selection Process Already Settled By Apex Court
The bunch of Writ Petitions before the Allahabad High Court was filed by the petitioners who passed the Teachers Eligibility Test (Primary Level) Examination, 2011, and their results were published in the years 2011 and 2015.
The Allahabad High Court has imposed cost of Rs 100 each on 6402 petitioners for filing a petition on the issue of TET-based selection process as the same had already been settled by the Supreme Court. The High Court termed such litigations as luxury litigations.
The bunch of Writ Petitions was filed by the petitioners who passed the Teachers Eligibility Test (Primary Level) Examination, 2011, and their results were published in the years 2011 and 2015. It was the grievance of the Petitioners that a direction be issued directing the respondents/State Government that the selection process may be started in accordance with the Advertisement dated December 7, 2012, issued by the Department of Basic Education, State Government.
The Single Bench of Justice Saurabh Shyam Shamshery held, “In present circumstances, Court is constraint to observe that these litigations appear to be luxury litigations since issues raised in present bunch of writ petitions have already been settled by Supreme Court in Shiv Kumar Pathak (supra) and petitioners (6402 in numbers) in all writ petitions were also conscious of these facts, and decision of Shiv Kumar Pathak (supra) still they have filed present writ petitions, therefore, all Writ petitioners shall pay Rs.100/- each as cost since these litigations has wasted crucial time of this Court.”
Advocate Rameshwar Prasad Mishra represented the Petitioner, while Central Standing Counsel represented the Respondent.
Reasoning
The Bench noted that the issue as to whether marks obtained in TET Examination could be a sole criteria for filling up vacancies, was finally decided by the Supreme Court in State of U.P. & Ors, etc Vs. Shiv Kumar Pathak & Ors, etc (2018). It was observed therein that 66,655 teachers had already been appointed. Therefore, instead of giving a direction to continue with the selection process in terms of advertisement, it was held that the State would be at liberty to fill up the remaining vacancies in accordance with the law after issuing a fresh advertisement.
The Apex Court had passed a direction that selection in terms of advertisement dated December 7, 2012, would not proceed further. “Accordingly, prayer of the petitioners being contrary to the observations and direction passed by Supreme Court in Shiv Kumar Pathak (supra), are therefore, rejected”, it held.
The Bench further noticed that it is settled by Supreme Court in Shiv Kumar Pathak (supra) against them and now, it could not be reopened since appointments made in pursuance of earlier selection process had also been protected.Thus, dismissing the Petition, the Bench asked all Writ petitioners to pay Rs 100 each as cost since these litigations had wasted the crucial time of the Court.
“The cost shall be paid within a week before High Court Bar Association, Allahabad and compliance affidavit shall be filed which will be kept in records of this writ petitions. In case of default, Registrar General of this Court is directed to take appropriate steps for recovery from deponent/pairokar of each Writ Petitions”, it held.
Cause Title: Sunil Kumar Yadav And 2041 Others v. State Of U.P. And 2 Others (Neutral Citation: 2025:AHC:47268)
Appearance:
Petitioners: Advocates Rameshwar Prasad Mishra, Anil Kumar Savita, Arun Kumar Tripathi, Agnihotri Kumar Tripathi, Rajesh Kumar Pandey, Avneesh Tripathi, Jamil Ahmad Ansari, Babu Lal Ram, Manoj Kumar Yadav
Respondent: Central Standing Counsel