Published On: Thu, Nov 1st, 2018

Allahabad High Court quashes selection of 12,460 assistant teachers in UP

Lucknow: The Lucknow bench of Allahabad High Court on Thursday quashed the selection of 12,460 assistant teachers in government primary schools, finding them to have been made in violation of Uttar Pradesh Basic Education (Teachers) Service Rules, 1981.

District Basic Education Department, Gonda, had issued the advertisement inviting applications for 12,460 posts of assistant teachers in the state’s primary schools.

These selections were made in pursuance of an advertisement issued during the regime of former Uttar Pradesh Chief Minister Akhilesh Yadav on December 21, 2016.

The court also directed initiation of fresh proceedings for selection of candidates. It granted three months for completing the selection process.

The bench of Justice Irshad Ali passed the order allowing a bunch of writ petitions.

The petitioners, who are para teachers, had questioned the changes in certain rules which were made after the job advertisement had been published.

By the change of rules, it was provided that the candidates of districts having zero vacancy would also be given liberty to pick any district as their first choice for counselling, they said.

Appearing for the petitioners, senior advocate J N Mathur told the court the rules cannot be changed once the selection proceedings have started.

The court said, “Amendment in the statute, if it is not providing that the same will be made applicable from retrospective effect, cannot be made applicable from retrospective effect.”

“On the date of initiation and till last date of submission of application form, there was no provision under the rules permitting the candidates from zero-vacancy districts to participate in the selection proceeding. Therefore, their participation is contrary to the Rule 14 of U.P. Basic Education (Teachers) Service Rules, 1981. Thus, their selection, by giving first preference, vitiates in law,” it said.

District Basic Education Department, Gonda, had issued the advertisement inviting applications for 12,460 posts of assistant teachers in the state’s primary schools.

The secretary of Uttar Pradesh Basic Education Board issued a circular on December 28, 2016, declaring the counselling schedule.

Another circular was issued by the board on March 9, 2017, prescribing that the candidates from the districts where no vacancies had been notified be included in the first counselling.

The petitioners had submitted online applications to participate in the selection proceedings.

In April this year, the court passed an interim order directing the state agencies not to issue appointment letters to the 12,460 selectees.

PTI

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