Allahabad HC asks UP govt to re-issue teachers’ recruitment list after fixing quota in proper manner – Times of India
LUCKNOW: The Lucknow bench of Allahabad high court on Monday asked the state government to review the list of 69,000 selected candidates through the Assistant Teachers Recruitment Examination (ATRE) 2019 as several irregularities had been committed while fixing reservations. The court asked the authorities to reissue the June 1, 2020 list within the next three months after fixing the quota in a proper manner.
The bench also quashed the select list of additional 6,800 teachers issued on January 5, 2022. “The reservation limit must not exceed 50% of the total seats”, said the bench.
A bench of Justice Om Prakash Shukla passed the verdict disposing of 117 writ petitions. In the order, Justice Shukla observed, “Apparently, there was no clarity of the score and details of the reserved category candidates, who appeared in the ATRE 2019. There had been no endeavour from the state authorities, who are custodians of the records of the ATRE 2019 and would have assisted this court in providing the said records.”
The bench further said, “The candidates already appointed and presently working as assistant teachers in various districts in pursuance to the ATRE 2019 shall continue to work on their post till the state authorities revise the select list and shall not be disturbed, keeping in mind the examination period and the end of the education session.”
Showing sympathy to the teachers who may be ousted in the review of the select list, the bench observed, “In the overwhelming facts, wherein apparently the teachers, who have been appointed and have been working for last more than two years, whether belonging to the reserved or unreserved category cannot be faulted with, as essentially, it is the state authorities, who were under a constitutional duty to implement the provisions of the Reservation Act in its letter and spirit.”
“However, the same having been not done, this court in order to balance the equity and keeping in mind that these young men and 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, who may be ousted by a revision in the select list of June 1, 2020,” added Justice Shukla.
In the bunch of petitions, the bench had to look into the correctness of the quota provided by the state authorities in appointing 69,000 teachers and also the legality of the appointment of 6,800 teachers that had exceeded the advertised limit of 69,000 vacancies.
Earlier, the bench refuted the arguments of senior counsel Sanjay Bhasin assisted by additional chief standing counsel Ran Vijay Singh who unsuccessfully tried to defend the state authorities.
The bench observed, “The concession granted at the level of Teachers Eligibility Test (TET), so as to make a candidate eligible to participate in the open competition, like the ATRE 2019, would not debar a reserved category candidate to be excluded from the consideration zone in the open competition, in case he is able to match and score more marks than the last general category candidate in the open category as the competition had not yet started at that point of time.
However, in case a candidate seeks relaxation of marks in passing the ATRE 2019, obviously, he would not be considered to be belonging to a meritorious reserved category, as not only the competition has started but this relaxation would mean reservation.”
The bench also quashed the select list of additional 6,800 teachers issued on January 5, 2022. “The reservation limit must not exceed 50% of the total seats”, said the bench.
A bench of Justice Om Prakash Shukla passed the verdict disposing of 117 writ petitions. In the order, Justice Shukla observed, “Apparently, there was no clarity of the score and details of the reserved category candidates, who appeared in the ATRE 2019. There had been no endeavour from the state authorities, who are custodians of the records of the ATRE 2019 and would have assisted this court in providing the said records.”
The bench further said, “The candidates already appointed and presently working as assistant teachers in various districts in pursuance to the ATRE 2019 shall continue to work on their post till the state authorities revise the select list and shall not be disturbed, keeping in mind the examination period and the end of the education session.”
Showing sympathy to the teachers who may be ousted in the review of the select list, the bench observed, “In the overwhelming facts, wherein apparently the teachers, who have been appointed and have been working for last more than two years, whether belonging to the reserved or unreserved category cannot be faulted with, as essentially, it is the state authorities, who were under a constitutional duty to implement the provisions of the Reservation Act in its letter and spirit.”
“However, the same having been not done, this court in order to balance the equity and keeping in mind that these young men and 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, who may be ousted by a revision in the select list of June 1, 2020,” added Justice Shukla.
In the bunch of petitions, the bench had to look into the correctness of the quota provided by the state authorities in appointing 69,000 teachers and also the legality of the appointment of 6,800 teachers that had exceeded the advertised limit of 69,000 vacancies.
Earlier, the bench refuted the arguments of senior counsel Sanjay Bhasin assisted by additional chief standing counsel Ran Vijay Singh who unsuccessfully tried to defend the state authorities.
The bench observed, “The concession granted at the level of Teachers Eligibility Test (TET), so as to make a candidate eligible to participate in the open competition, like the ATRE 2019, would not debar a reserved category candidate to be excluded from the consideration zone in the open competition, in case he is able to match and score more marks than the last general category candidate in the open category as the competition had not yet started at that point of time.
However, in case a candidate seeks relaxation of marks in passing the ATRE 2019, obviously, he would not be considered to be belonging to a meritorious reserved category, as not only the competition has started but this relaxation would mean reservation.”
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