[Breaking] Supreme Court upholds Uttar Pradesh govt decision raising cut-off marks for Shiksha Mitras

The Supreme Court, on Wednesday, upheld the Uttar Pradesh government's decision increasing cut-off marks for 2019 recruitment of 69,000 Shiksha Mitras (assistant teachers) to 65 and 60 for the general and reserved categories respectively. .The apex court affirmed the Allahabad High Court judgment in this regard and dismissed the appeals filed by Uttar Pradesh Prathmik Shiksha Mitra Association giving green signal to the UP government to fill the 37,000 Shiksha Mitra vacancies in terms of the results of the recruitment exam announced in May 2020. .The top court, however, held that aggrieved Shiksha Mitras would be given another opportunity by allowing them to compete in the next recruitment examination. The top court left it to the State government to work out the modalities with regard to the same. .The court, in its judgment, said that if the government has the power to fix minimum qualifying marks ‘from time to time’, "there is nothing in the Rules which can detract from the exercise of such power even after the examination is over.",Such an excercise of power will be valid "if it is not actuated by any malice or ill will and is in furtherance of the object of finding the best available talent," it added. .The judgment was rendered by a Division Bench of Justices UU Lalit and Mohan M Shantanagoudar in the plea challenging the decision of the Uttar Pradesh (UP) government fixing the cut-off marks for recruitment of 69,000 assistant teachers (Shiksha Mitras) in 2019.The Bench had reserved its verdict on July 24 after a detailed hearing which lasted for over two days..Supreme Court reserves verdict in challenge to Allahabad HC judgment upholding higher cut-off marks for recruitment of 69,000 Shiksha Mitras.The Uttar Pradesh Prathmik Shiksha Mitra Association had assailed the UP government's order of January 7, 2019, by which the qualifying marks for the Assistant Teacher Recruitment Examination of 2019 were increased to 65 and 60 for the general and reserved categories respectively.This notification increasing the cut-off marks, was issued a day after the exam for the recruitment of 69,000 teachers in primary schools of the state, was held..Upholding the same, the court observed that if the ultimate object is to select the best available talent and there is a power to fix the minimum qualifying marks, in keeping with the law, then the court does not "find any illegality or impropriety in fixation of such cut-off marks. "The facts on record indicate that even with this cut off the number of qualified candidates is more than twice the number of vacancies available," the verdict said.."It must be accepted that after considering the nature and difficulty level of examination, the number of candidates who appeared, the concerned authorities have the requisite power to select a criteria which may enable getting the best available teachers. Such endeavour will certainly be consistent with the objectives under the RTE Act,"the judgment said..The Allahabad High Court had earlier confirmed the State government’s decision clearing the way for recruitment of assistant teachers in the Basic Education Council schools in the state. .It was the petitioners' argument that fixing the qualifying marks at 65 and 60 was arbitrary, and the same should have been fixed at 45 and 40. They pointed out that the qualifying marks for the Assistant Teacher Recruitment Exam in the previous year was 40 to 45. Moreover, it was also their case that in the past, qualifying marks were fixed before the conduct of exams and not after the exams, as was done in 2019..Supreme Court issues notice in challenge to Allahabad HC verdict affirming higher cut-off marks for recruitment of 69,000 Shiksha Mitras.It was argued before the two-judge Bench that as per the Anand Yadav judgment, Shiksha Mitras were entitled to be given two consecutive opportunities for recruitment as assistant teachers and were also entitled to weightage for experience at the time of final selection.Appearing for the petitioners, Senior Advocate PS Patwalia had submitted that the Teacher Eligibility Test (TET) qualified Shiksha Mitras constituted a separate homogeneous class..Appointment of 69,000 Assistant Teachers in UP: Allahabad HC stays counselling after finding prima facie material errors in evaluation.The petitioners were represented by Advocate RK Singh and the State of Uttar Pradesh was represented by Additional Solicitor General Aishwarya Bhati..[Read judgment]