Major Setback in UP 69,000 Teacher Recruitment: High Court Rejects Petition, UP Shikshak Bharti EWS Benefit Denied

UP Teacher Recruitment Update UP Shikshak Bharti that in a significant development, the Allahabad High Court has rejected the plea to grant Economic Weaker Sections (EWS) reservation benefits for the recruitment of 69,000 assistant teachers in Uttar Pradesh. This recruitment process commenced in 2020, prior to the enactment of the Uttar Pradesh Public Service (Reservation for Economically Weaker Sections) Act, 2020. Here’s a detailed look at the court’s recent directives and their implications.

Court’s Directions for Recruitment Process:

1. Fresh Selection List: The State Government and concerned authorities are directed to prepare a new select list of 69,000 candidates for appointment as Assistant Teachers based on ATRE-19, as per Appendix – 1 to the Service Rules, 1981. The previously issued select lists dated June 1, 2020, and January 5, 2022, are to be disregarded. The court acknowledged that the select list of 6,800 candidates dated January 5, 2022, had already been quashed by the learned Single Judge.
2. Adherence to Reservation Policy: After preparing the select list, the reservation policy must be applied. This must be done as per Section 3 (6) of the Reservation Act, 1994. This involves following the quality points outlined in Rule 14 of the Service Rules, 1981.
3. Meritorious Reserved Category Candidates: If a reserved category candidate achieves a merit equivalent to that of the general category, the candidate should be migrated to the general category in accordance with Section 3 (6) of the Reservation Act, 1994.
4. Vertical vs. Horizontal Reservation: The vertical reservation benefits outlined in the court’s directions should be superseded by horizontal reservation as per the applicable statutes, rules, or government orders.
5. Impact on Working Candidates: While preparing the new select lists, if any currently employed candidates are affected by the State Government’s or competent authority’s actions, they should be given session benefits to prevent any disruption in student education.
6. Modification of Previous Directions: The directions issued by the learned Single Judge in the earlier judgment and order have been modified as per the court’s latest directives.
7. Timeline for Implementation: The entire process must be completed in accordance with this judgment. It should be done within three months from the date of receipt of this order.

EWS Reservation Not Applicable to Previous Recruitments:

The state government had introduced the “Uttar Pradesh Public Service (Reservation for Economically Weaker Sections) Act, 2020” on August 31, 2020, providing reservations for economically weaker sections. However, Section 13 of this Act stipulates that it does not apply to selection processes initiated before the implementation of this reservation law. Thus, the old recruitment processes are governed by the previous laws.

Background on UP Shikshak Bharti Teacher Recruitment 2024:

 In December 2018, the Uttar Pradesh government issued a notification for the recruitment exam for assistant teachers scheduled for 2019. The petitioners, who had passed in the unreserved (general) category, later obtained EWS certificates and sought 10% reservation for the EWS category in the ongoing recruitment process. However, the recruitment process had concluded by the time the petitions were filed. The court’s recent decision has left the petitioners without the relief they sought.

Many people took to X formerly twitter for their views on the high courts order – Former CM Akhilesh Yadav Said that “Ultimately, the 69000 teacher recruitment also proved to be a victim of BJP’s scam, fraud and corruption. This is our demand that a new fair list be made, so that transparent and fair appointments can be possible and the education system in the state, which was disrupted during the BJP era, can come back on track. We will keep a constant watch on the new list and will stand shoulder to shoulder with the candidates to ensure that no injustice or injustice is done to any candidate. This is the victory of the combined power of the candidates. Congratulations to everyone for the victory in this struggle and good luck to the new appointments”