The
Lucknow bench of Allahabad High Court on Monday held that the authorities
committed several illegalities in fixing quota for 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.
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.
"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 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.