ABSTRACT
The legal proceedings and political implications of the Allahabad High Court’s decision to mandate a new selection process for 69,000 government teaching positions in Uttar Pradesh, India. The court’s ruling stemmed from allegations of irregularities and inconsistencies in the previous selection process, casting doubt on the transparency and fairness of government recruitment. This paper delves into the background and substance of the court’s decision, the parameters for the new selection, and the potential impact on both the candidates and the wider educational landscape in the region. Furthermore, it examines the broader legal and administrative hurdles encountered in large-scale recruitment processes and the role of judicial intervention in upholding merit-based principles.
Allahabad High Court Finds Flaws with UP Teacher Hiring, 3.5 Years After Selection
(Author: Ananya Singh, student at Babu Banarasi Das University)
Background:
The Uttar Pradesh government announced a job opening for 69,000 assistant teacher positions in the state’s Basic Education Department on December 5, 2018. The Assistant Teacher Recruitment Examination (ATRE) for 2019 was held on January 5. Out of the 4.31 lakh applicants, 4.10 lakh took the test. The results, announced on May 12, 2020, revealed that 1.46 lakh candidates fulfilled the necessary criteria. The cutoff marks were set at 67.11% for the general category, 66.73% for Other Backward Classes (OBC), and 61.01% for Scheduled Caste (SC) candidates. On June 1, 2020, the hiring procedure was outlined by the Secretary of the Basic Education Board, Allahabad. Subsequently, two lists of selected candidates were released, filling a total of 67,867 out of the 69,000 positions. The first list, dated October 11, 2020, included 31,277 candidates, while the second list, dated October 30, 2020, included 36,590 candidates. Due to a shortfall in applications from the Scheduled Tribe (ST) category, 1,133 positions remained unfilled.
What was ATRE?
The Assistant Teachers Recruitment Examination took place on January 5, 2019, with a total of 4.31 lakh candidates applying and 4.10 lakh taking the exam. The results were announced on May 12, 2020, with 1.46 lakh candidates qualifying. The cut-off marks were set at 67.11% for unreserved or general category candidates, 66.73% for OBC candidates, and 61.01% for SC candidates.
Allegations:
Several candidates from reserved categories have raised concerns about discrepancies in the reservation policy. They have pointed out that despite scoring higher than the cutoff for general candidates, they were not considered for recruitment under the general posts. They alleged that the reserved seat students were not given their proper representation according to the quota policy, and instead, more than 50% of the general category candidates were selected. The Meritorious Reserved Category (MRC) candidates were placed in the reserved category instead of being placed in the general category, which goes against Section 3(6) of the Reservation Act, 1994. This section mandates that reserved category candidates who score equal to general candidates are to be mandatorily selected or appointed on the unreserved vacancies.
According to the candidates challenging the recruitment, candidates from the Other Backward Class (OBC) were given 3.86% reservation instead of the mandated 27%, while Scheduled Caste candidates were represented in 16.2% of posts instead of the mandated 21%.
Since 2020, there have been several protests in Uttar Pradesh over the exam process, with a prolonged protest in Lucknow by OBC and Dalit candidates who were waiting for their appointments. They alleged that they were being deprived of job opportunities due to potential fraudulent activities.
In 2021, Uttar Pradesh Chief Minister Yogi Adityanath convened with protesting students and instructed the Basic Education Department officials to expedite the process of finding an equitable resolution.
A bunch of appeals were filed concerning a common legal and factual question i.e. the implementation of Section 3(6) of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. The question at hand is how the benefit of reservation is to be provided to candidates from reserved categories and the criteria for transferring a reserved category candidate to the general category. The appellants fall into four categories:
- Reserved category candidates challenging a judgment and order that did not place MRC candidates with quality points equal to general category candidates into the general category as per Sections 3(1) and 3(6) of the Reservation Act, 1994, and had not appointed reserved category candidates from the select list of 6800 candidates due to pending litigation, adversely affecting their service prospects and benefits.
- The General Category candidates contested the judgment and order on the grounds that reserved category candidates who received the benefit of reservation in the Teacher Eligibility Test (TET) should not be allowed to switch from the reserved category to the unreserved category.
- The Physically Handicapped Category candidates challenged the judgment and order regarding the failure to provide the 4% reservation earmarked for the physically handicapped category while preparing the merit list.
- Additionally, there were interveners in the case. The Single Judge, in deciding the writ petitions, had ruled that the marks obtained in the open competition of ATRE-2019 would form the basis for implementing the Reservation Act, 1994 to categorize the eligible candidates in their respective streams of vertical reservation. It was also held that any further marks obtained through the screening of other qualifications as per Rule 14 of the U.P. Basic Education (Teachers) Service Rules, 1981, along with Appendix – I, would not alter the position for migration from a reserved category to an unreserved field. Therefore, the vertical reservation once applied and implemented by the State at the ATRE-2019 result stage, would be binding on all eligible candidates by the circular.
Case Title: Mahendra Pal and Ors v. State of Uttar Pradesh and Ors and other connected matters (Neutral Citation: 2024:AHC-LKO:55715-DB)
Bench: Division Bench
Judges: J. Attau Rahman Masoodi and J. Brij Raj Singh
Judgment:
The Allahabad High Court recently ruled on a series of petitions challenging the recruitment process for assistant teachers. The court found that candidates from reserved categories were not selected under the relevant laws. As a result, the court directed the preparation of a revised select list for 69,000 assistant teachers selected through the Assistant Teachers Recruitment Examination (ATRE) 2019 and ordered the rectification of irregularities in the quota for their appointment. The government has been instructed to adhere to the U.P. Basic Education (Teachers) Service Rules, 1981, and the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 while preparing the new list. In addition, the court invalidated the selection lists issued in June 2020 and January 2022, which included 6,800 candidates, and granted the government three months to complete the necessary actions. Furthermore, the court clarified that any adverse impact on current assistant teachers should be mitigated by allowing them to finish the ongoing academic session and that reserved category candidates qualifying for the general category merit list should be moved to that category. Lastly, the benefits of vertical reservation will also be extended to horizontal reservation categories.
Implications of the Judgment:
The court emphasized that if any assistant teacher who was appointed based on previous lists is impacted by this decision, they will be permitted to continue their positions for the current academic session to prevent any disruptions for the students. This implies that the recruitment process will start anew, and the teachers who were appointed based on previous mandates may lose their jobs. The appeals contested the ruling of the single-judge bench, which in March 2023 decreed that candidates who availed of reservations in the Teacher Eligibility Test should not be considered in the general category, even if they achieved marks equal to the general category’s cutoff.
The political impact of the Judgment:
The Yogi Adityanath-led BJP government is currently dealing with a politically sensitive issue related to the reservation of OBC (Other Backward Classes) candidates in Uttar Pradesh. Given that OBCs constitute nearly 50% of the state’s population, the government must address this issue effectively. In the recent Lok Sabha elections, many OBC communities reportedly shifted their support towards the Opposition INDI alliance.
On August 18, Chief Minister Yogi Adityanath affirmed the state government’s commitment to ensuring that all eligible applicants falling under the reserved category receive the benefits of reservation without any discrimination. He also emphasized the importance of ensuring fair treatment for all candidates.
In this context, the Chief Minister instructed the Department of Basic Education to adhere to the rulings of the Allahabad High Court. An official from the administration has verified that Adityanath instructed the department to move forward following the findings of the Supreme Court and the decision of the Lucknow Bench of the Allahabad High Court.
Meanwhile, opposition parties such as the Samajwadi Party and the Congress have criticized the state government, alleging that it is jeopardizing the reservation system. In response, Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, supported the Allahabad High Court’s ruling, labelling it as appropriate and condemning the BJP government’s actions as detrimental to the reservation system.
Conclusion
The Lucknow Bench of the Allahabad High Court has invalidated the selection lists for 69,000 assistant teachers in Uttar Pradesh from June 1, 2020, and January 5, 2022. The court has directed the state to provide a new list within three months, citing non-compliance with regulations. This ruling has raised concerns about the job security of previously selected teachers. The court’s decision came after hearing 90 special appeals challenging a one-judge bench ruling on the incorrect application of reservation quotas. Chief Minister Yogi Adityanath is expected to review the court’s order and its implications, and the state government is analysing the situation before deciding on its next steps.
FAQs
Q. What are the reasons for the decision to initiate the selection process anew?
Ans. The Allahabad High Court has instructed the Uttar Pradesh government to create a new selection list for the recruitment of 69,000 assistant teachers. This action was taken due to irregularities and discrepancies discovered in the earlier lists. The court’s decision was influenced by complaints from candidates, who claimed that the prior selection process did not follow reservation rules and other guidelines.
