The Lucknow Bench of Allahabad High Court on Friday allowed Uttar Pradesh government to resume the process of recruiting 69,000 assistant basic teachers, provided it sets aside over half of the posts for `shiksha mitras' who now hold temporary jobs. Shiksha mitras are the para teachers now employed on an ad hoc basis.
Passing the order, a division bench comprising justices P K Jaiswal and D K Singh said the state government was free to continue with the selection process, keeping in mind the June 9 order of the Supreme Court by which about 37,000 posts have been kept for Siksha Mitras. On rest of the posts, the state government can start counselling which had stopped on June 3 after the single bench's order, it said.
The bench of Justice Alok Mathur on June 3 had stayed the selection process, holding that there were prima facie "serious confusion, dilemma and falsity in certain questions and answers" for the test of assistant basic teachers recruitment and had referred the matter to the University Grant Commission. But Uttar Pradesh Advocate General Raghvendra Singh had argued that the court had no jurisdiction to entertain the pleas and set aside the findings of an expert body like the UP Examination Regulatory Authority (UPERA).
The UPERA, which is conducting the assistant basic teachers' selection, had filed three appeals in the court, challenging the June 3 interim stay on the selection.
In its pleas, the UPERA had argued that the interim stay by the single-judge bench was legally untenable as it was imposed merely on pleas of 31 aspirants without giving the successful candidates any chance to have their say in the hearing.
The High Court has granted 10 weeks for the unsuccessful candidates, who are respondents in the case, to file their reply against the UP government's special appeal challenging the June 3 order. The unsuccessful candidates had moved court seeking directions to the UPERA to award marks for several questions in the test that the court had said were confusing. They argued that this will get them past the cut-off mark.
The UP Assistant Teacher exam result was announced in May, more than a year after the exam. The exam was held in January 2019. The recruitment process was stalled after few candidates had complained about the high cut off marks.
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