Step-Motherly Treatment Being Given To 'Sanskrit' Language In Uttar Pradesh: Allahabad High Court

The Allahabad High Court has observed that in the State of Uttar Pradesh, the state is giving stepmotherly treatment to the Sanskrit Language and further, sought a response from the UP Government as to why it is not creating a regular post of Sanskrit Teacher in the state.

The bench of Justice Rohit Ranjan Agarwal observed thus as it noted that in the state of UP, no post of Lecturer (Sanskrit) has been sanctioned and the Lecturer appointed for teaching Hindi, having studied in High School, Intermediate and in Graduation with subject 'Sanskrit', is being made to teach Sanskrit.

The case in brief

Essentially, one Badri Nath Tripathi was appointed as a Guest Lecturer in D.I.E.T., Bansi, Siddharth Nagar on a contractual basis for teaching Sanskrit in 2012, but in Feb 02.2021, he was removed from services.

The petitioner contended that when the Sanskrit subject was being taught in the D.I.E.T. Bansi, Siddharth Nagar (where he was posted), then the petitioner ought to have been continued on contractual basis till such time as there was a post created and a regular selection was made. 

On the previous date of hearing in the matter, the Court had observed thus:

"The court finds strange that when the subject of Sanskrit is being taught in the institution then why post for Sanskrit Teacher was not being created. Stranger still is the fact that when a person on contractual basis was being made to teach in the institution of D.I.E.T. Bansi, Siddharth Nagar, then why he was not being allowed to continue on a contractual basis. If the petitioner is removed then how the subject of Sanskrit would be taught is not clear."

The Court had also asked the State Government, the following questions:

1. Why no post of lecturer (Sanskrit) has been created in the D.I.E.T., Bansi, Siddharth Nagar, and why the petitioner was not being allowed to continue on a contractual basis.
2. When there was no regular selection made on the post of lecturer in Sanskrit then why as per the letter of the Director of the State Council of Educational Research and Training, Uttar Pradesh, Lucknow, the teacher who was teaching on a contractual basis in the subject of Sanskrit was being removed.
3. Why there is no post for Sanskrit Lecturer in the Rules of 2013.

Court's observations on Tuesday

The Counsel for the State submitted that there is no sanctioned post of Lecturer (Sanskrit) and the Lecturer appointed for teaching Hindi, having studied in High School, Intermediate and in Graduation with subject 'Sanskrit', shall also teach Sanskrit.

This reason did not appeal to the Court as the court noted that Sanskrit is a specialized subject and that the State should include the same in its list and make proper appointments after creating and sanctioning the post.

Further, the Court remarked that it was 'amazed' by the action of the State Educational Authorities as to the justification for not creating the post of Lecturer (Sanskrit).

"At this stage, this Court finds that despite there being no sanctioned post of Lecturer (Sanskrit), the State Authorities are inducting/appointing lecturers for teaching Sanskrit in various institutions on contractual basis but no reason has been assigned by the State Authorities as to why step-motherly treatment has been given to the language 'Sanskrit' in the State of U.P," the Court added.

Lastly, seeking a response from the state once again within three weeks and staying the removal of the petitioner as Guest Lecturer on contractual basis till Feb 21, the Court importantly observed thus:

"This Court finds that the State cannot give such stepmotherly treatment to language Sanskrit, which is one of the oldest languages of Indian civilization and appointing teachers only on contractual basis and when the regular appointments are made, such contractual appointments are made to suffer at the whims and fancy of the State Educational Authorities who are entrusted to take decision for the welfare of the State and protecting language."

Case title - Badri Nath Tripathi v. State Of U.P. Through Its Secretary, And 4 Others

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