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

LUCKNOW: The Lucknow bench of Allahabad High Court on Monday held that the 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.

The court has directed the state government to review the final list issued in the matter on June 1, 2020, within the next three months after fixing the reservation in proper manner. The bench also quashed the select list of 68,000 teachers issued on January 5, 2022. "The reservation limit must not exceed 50 per cent of the total seats in any circumstances," said the bench.

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A bench of justice Om Prakash Shukla passed the verdict disposing of as many as 117 writ petitions. "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 custodian of the records of the ATRE 2019 and would have assisted this court in providing the said records," Justice Shukla observed in the order.

"The candidates already appointed and presently working as assistant teachers in various districts in pursuance to the ATRE 2019 shall continue to work in their posts till the state authorities revise the select list," he said. The court also showed sympathy to the teachers, already posted, facing ouster as result of the review, but went on to rule that the order will work to restore the balance of equity.

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"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 not been done, this court in order to balance the equity and keeping in mind these young men and women, who as teachers are going to shape the future of this country," the court said.

It granted liberty to the state government to frame a policy for adjustment of teachers who may be ousted by a revision in the select list of 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 appointing 69,000 teachers and also the legality of the appointment of 68,000 teachers, exceeding 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 act of the state authorities.