Allahabad High Court
Allahabad High Court
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Allahabad HC allows UP Govt to continue recruitment process of 69,000 Assistant Teachers; Single Judge order halting recruitment stayed

The Court, however, added that the State should also abide by the Supreme Court's June 9 order to not disturb the 37,339 teacher's posts presently held by Shiksha Mitras while continuing with the recruitment process.

Meera Emmanuel

A Division Bench of the Allahabad High Court on Friday allowed the Uttar Pradesh Government to continue the recruitment process to fill up 69,000 Assistant Teacher vacancies for junior basic schools (Examination Regulatory Authority, Allahabad and ors. v. Rishabh Mishra and ors).

The process had earlier been halted by a Single Judge's June 3 order, which has now been stayed by the Division Bench.

The Bench of Justices Pankaj Kumar Jaiswal and Dinesh Kumar, however, added that the State should also abide by the Supreme Court's June 9 order to not disturb the teacher's posts presently held by Shiksha Mitras (appointed on ad-hoc basis) while continuing with the recruitment process.

In a case pending before the Supreme Court, the Uttar Pradesh Government had been directed on June 9 to not fill up 37,339 such posts being held by the Shiksha Mitras.

Provided that this directive is complied with, the Uttar Pradesh Government is now free to carry on its recruitment process for Assistant Teachers vaccancies.

On June 3, Justice Alok Mathur had stayed the recruitment process on the noting that there were material errors in the evaluation of the question paper, which were likely to affect a large number of candidates for no fault of theirs.

Dealing with appeals filed against this ruling, the Division Bench found prima facie merit in the Advocate General Raghvendra Singh's submissions that,

  • the single judge passed the ruling without impleading all necessary parties to the dispute in line with precedents of Ranjan Kumar v. State of Bihar and Rashmi Mishra v. M.P. Public Service Commission. These cases mandate the impleadement of each and every candidate;

  • the single judge had not appreciated the ruling in Ranvijay Singh v. State of U.P. in proper perspective. This ruling, the AG submitted, provides that in case of any doubt in regard to the correctness of the question/ answer, the benefit shall go in favour of the examiner authorities.

The Court on Friday proceeded to opine that "we are inclined to issue notices to the respondents in the aforesaid three Special Appeals on admission, on taking steps within a week, returnable within 10 weeks."

Pertinently, the Bench added, "The ratio of Ranvijay Singh (supra) has not been considered in its true perspective and the learned Writ Court has observed that in case of doubt with regard to any question, the benefit should go to the Examining Authority rather than to the candidate, yet passed the impugned order staying the notification dated 8.5.2020 and all further proceedings thereon and, therefore we are of the view that prima facie case for interim relief is made out by the appellants."

Therefore, the Court stayed the Single Judge ruling until further Court orders.

The State Government was allowed to proceed further with its recruitment of Assistant Teachers, provided that the Supreme Court's orders qua setting aside 37,339 such posts for Shiksa Mitras is also complied with.

Read the Order:

Examination Regulatory Authority, Allahabad and ors. v. Rishabh Mishra and ors.pdf
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