State governments committed irregularities in fixing quota in teacher recruitment: Allahabad High Court

Last Update: March 14, 2023, 17:51 IST

The bench also quashed the selection list of 68,000 teachers released on January 5, 2022 (Representational image)

The court has directed the state government to review the final list issued on June 1, 2020 in this matter within the next three months by fixing the reservation appropriately.

The Lucknow Bench of the Allahabad High Court on Monday observed that the authorities have committed several illegalities in fixing quota for the recruitment of 69,000 teachers in Uttar Pradesh in the Assistant Teacher Recruitment Test (ATRE)-2019.

The court has directed the state government to review the final list issued on June 1, 2020 in this matter within the next three months by fixing the reservation appropriately.

The bench also quashed the selection list of 68,000 teachers issued on January 5, 2022.

The bench said, ‘The extent of reservation should not exceed 50 per cent of the total seats under any circumstances.’

Justice Om Prakash Shukla’s bench pronounced the verdict while disposing of 117 writ petitions.

Apparently, there was no clarity on the scores and details of the reserved category candidates who appeared in ATRE 2019. There was no effort on the part of the state authorities, who are the custodians of the records of ATRE 2019 and would assist in the same. Court in providing the said records,” Justice Shukla observed in the order.

“The candidates already appointed and currently working as Assistant Teachers in various districts under ATRE 2019 will continue to work on their posts until the state authorities revise the select list,” he said.

The court also showed sympathy to teachers who were already posted, facing dismissal as a result of the review, but added that the order would serve to restore a balance of equity.

“It is the officers of the State who were under a constitutional duty to implement the provisions of the Reservation Act in letter and spirit.

“However, this has not been done, it is a matter of balancing equity and taking into account these young men and women who are going to shape the future of this country as teachers,” the court said.

It provided freedom to the state government to frame policy for the adjustment of teachers who may be removed by amendment in the select list dated June 1, 2020.

Hearing a bunch of petitions, the bench had to look into the correctness of the quota provided by the state authorities in the appointment of 69,000 teachers and also the legality of the appointment of 68,000 teachers over and above the advertised limit of 69,000 vacancies.

Earlier, the bench dismissed the arguments of senior advocate Sanjay Bhasin, assisted by Additional Chief Standing Counsel Ran Vijay Singh, who unsuccessfully tried to defend the act of the state authorities.

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