"State Authorities Committed Several Irregularities In Fixing The Quota In Teacher Recruitment"- Allahabad HC While Disposing Of 117 WPs
An Allahabad High Court Bench of Justice Om Prakash Shukla has heard a batch of 117 writ petitions and held that the State authorities committed several illegalities in fixing the quota for the appointment of 69,000 teachers in Uttar Pradesh in the Assistant Teachers Recruitment Examination (ATRE)-2019.
Counsel Amrendra Nath Tripathi, among others, appeared for the petitioners. Additional Chief Standing Counsel Ran Vijay Singh appeared for the State.
In this case, a bunch of matters stemmed from a dispute relating to the nuances of the implementation of a reservation policy to the recruitment of Assistant Teachers in the primary school run by the State Government, wherein the primary issue was related to the migration of Meritorious reserved category (MRC) candidates to the open category and its consequences to both the reserved category as well as the unreserved category.
The Bench had to analyze the correctness of the quota provided by the State authorities in appointing 69,000 teachers. The Bench also had to analyze the legality of the appointment of 68,000 teachers exceeding the advertised limit of 69,000 vacancies.
The Court observed that "during the hearing of the present matter, there was no clarity of the score and details of the reserved category candidates, who have appeared in the ATRE-2019. There had been no endeavour from the respondents, who are custodian of the records of the ATRE-2019 and would had assisted this court in providing the said records."
It was held that there were several illegalities in fixing the quota for appointing 69,000 teachers. Further, the Bench also quashed the select list of 68,000 teachers issued.
The Court clarified that "the candidates already appointed and presently working as Assistant Teachers in various district shall continue to work in their post till such period and shall be not disturbed, keeping in mind the examination period and the end of education session".
The Court also took note of the plight of the teachers who had been serving for more than two years, but stressed that the respondents were under a constitutional duty to implement the provisions of Section 3(1) & 3(6) of the Reservation Act in its letter and spirit. In furtherance of the same, it was said that "however the same having been not done, this court in order to balance the equity and keeping in mind that these young men & women, who as teachers are going to shape the future of this country, hereby grants liberty to the State Government to intervene in this matter in the peculiar facts of the present case and frame a policy for adjustment of these Teachers".
In light of the same, all the petitions were disposed of.
Cause Title: Mahendra Pal and Ors. vs State of UP