Monday, March 27, 2023

SC Notice To UP Govt On Plea Regarding Teachers Recruitment

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The Supreme Court today has issued notice to Uttar Pradesh government on a plea by the State Prathmik Shiksha Association in a case related to the recruitment of 69,000 assistant teachers.

A three-judge bench of Justice UU Lalit, Justice M. Shantanagoudar and Justice Vineet Saran has directed the State Government to submit a chart showing vacancies of ‘Shikshamitras’ by July 6.

Senior Counsel Mukul Rohatgi appearing for the petitioners submitted that a large number of appeals are  pending and the petitioner is the first in the lot. He further said that the Supreme Court in its Judgement had said that the contract was contrary to law.

Justice UU Lalit inquired about the number of teachers appointed.

Rohatgi replied “30000 Shikshamitras were appointed”. He further submitted that rules cannot be set after the exams are conducted, it must be made before the exams. Hence the cut off is incorrect.

Justice Lalit remarked “your clients have not even scored the required marks.”

The bench at first decided to dismiss the matter however later modified its order after submissions by Senior Counsel Dushyant Dave and Arama Sundaram.

Justice Lalit- we cannot grant interim order of status quo as we need to be convinced and we are not convinced as of now. So let the hearing happen in open court.

No interim order and status quo given by the court.

Senior Advocate Paramjit Patwalia: The Assistant teacher exam was conducted after the SC judgment solely for us (Shiksha Mitras), but now the B.Ed people also take the exam and has now found a convenient way to hitchhike on our back.

Bench to SG- Why were the weights and other rules changed in the name of merit? 

Solicitor General Tushar Mehta said that he will tell about these by taking instructions from the government tomorrow. 

Supreme Court- We are again issuing notice on all the petitions. We will also see how correct it is to change the rules of the appointment process before or after the examination. 

Sr Adv Rajiv Dhawan for petitioner submits Results should be recalculated and recomputed on 40-45% basis. Why first examination on some other basis and second on some other basis? 

Tushar Mehta replied, These people want the possession of less talented people over talented candidates.

The petition has been filed by advocate Gaurav Yadav on behalf of the Uttar Pradesh Prathmik Shiksha Mitra Association against the order of the Allahabad High Court which held that the Government order of January 7, 2019 which fixed qualifying marks for Assistant teacher Recruitment Examination 2019 at 65% for General category and 60% for reserved category is not violative of Article of the Constitution nor does it makes an unreasonable classification. 

The petitioner was seeking a stay on the order of the Allahabad High Court which confirmed the state government’s decision of keeping higher cut-off marks for recruitment of 69,000 teachers in the primary schools of the state.

The Court will hear the matter on July 14.

-India Legal Bureau 

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