The Supreme Court on Tuesday directed the Uttar Pradesh Government to keep 37,339 posts of Assistant Teachers (Shiksha Mitras) vacant, thereby staying the ongoing selection process of teachers in the state.
A bench comprising Justices MM Shantanagoudar & Vineet Saran was hearing a plea filed by the Uttar Pradesh Prathmik Shiksha Mitra Association challenging the Allahabad High Court's order in a case related to the recruitment of 69000 assistant teachers.
"...it is not disputed by anybody that 37,339 persons who are working as Shiksha Mitras have appeared for the examination. In view of the same, it is open for the State Government to fill up the remaining posts of Assistant Teachers other than 37,339. In other words, 37,339 posts of Assistant Teachers shall be kept vacant" - Supreme Court
It was after passing of the said order that the petitions were listed for July 14. However, confusions ensued as State Government had begun recruitment processes for filling up the remaining posts which had not been filled up via examination.
The Court observed that it was prima facie borne from the records that the State Government of UP was proceeding with the selection to fill up all posts, despite the May 21 order, wherein the Top Court had passed interim orders directing that, "All Shiksha Mitras who are presently holding their posts as Assistant Teachers shall not be disturbed".
Taking note of this, the court directed that,
"From the aforementioned order, thus, it is clear that the State Government was directed that the services of all the Siksha Mitras who are presently working as on that date holding the post of Assistant Teachers shall not be disturbed. However, it was open for the State Government to fill up the remaining posts by taking resort to instant examination. Despite the same, it is, prima facie, borne out from the records now produced that the State Government is proceeding with the selection to fill up all the posts. Such process to be adopted by the State Government shall not be permitted in view of the interim order passed by this Court on 21.5.2020".
The Court listed the matter on July 14, as earlier indicated.
While the Additional Advocate General for the State of Uttar Pradesh sought an earlier listing for the matter as schools were already running, at least virtually, Justice Shanatanagoudar remarked,
"Come back to reality. Lets talk about the ground realities. Virtual schools running in rural areas?"
The basis of the plea rests on the issue of cut-off marks for recruitment which were raised by the UP Governement and contested by the Uttar Pradesh Shiksha Mitra Association.
In this backdrop, the instant plea was filed challenging the Allahabad High Court Order upholding the UP Government decision of enforcing increased cut-off marks for purposes of recruitment of 69000 teachers in primary schools and completing the process within a week, following which the Basic Education Council recruitment process stood cleared.
Click Here To Download Order