Very Good News : High court said to complete recruitment of 29334 Teacher within 2 Months

Very Good News : High court said to complete recruitment of 29334 Teacher within 2 Months

July 2014 Se Joining Milne Par Jor Diya Hai Court Ne

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 34

Case :- WRIT - A No. - 28686 of 2014
Petitioner :- Brahm Dev Yadav And 5 Others
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Pankaj Kumar Ojha,Shailendra
Counsel for Respondent :- C.S.C.,A.K. Yadav

Hon'ble Sudhir Agarwal,J.
1. Heard Sri Shailendra, Advocate for petitioners, learned Standing Counsel for respondents no. 1 to 3 and Sri A.K. Yadav and Sri Bhanu Pratap Singh, Advocates for respondents no. 4 and 5.
2. With the consent of learned counsel for the parties, this Court proceed to decide/dispose of the matter at this stage under the Rules of this Court.
3. The grievance of petitioners is that a huge number of vacancies in Primary Schools are continuing for years together and despite the fact that eligible and suitable candidates are available and there is no obstruction before respondents in any manner yet for sheer inaction or apathy, respondents are not completing process of appointment as a result whereof thousands of Primary Schools are running without Teachers.
4. The right to primary education has been made a fundamental right under the Constitution of India for budding upcoming generation and for accomplishment thereof Parliament has also enacted Right to Education Act, still the basic education department of State of U.P. is showing a total callousness by allowing thousands of vacancies of Teachers in Primary Schools, continuing for years together.
5. In the present case the matter relates to appointment of about 30,000 Teachers in Senior Primary Schools, i.e., the schools imparting education from Class 5 to Class 8.
6. For appointment of 29,333 posts of Assistant Teachers in Senior Basic Schools, process of selection commenced pursuant to Government Order dated 11.07.2013 but till date those vacancies have not been filled in though even counselling has been completed.
7. It is a serious matter when thousands and thousands vacancies of Teachers in Primary Schools, across the State are vacant yet the State Government is not able to fill in those vacancies since a long time, for one or the other reasons and many a times for reasons other than valid consideration.
8. Sri Shailendra, learned counsel for the petitioners, stated that for political reasons respondent-State is indulging in diluting the standard by making amendments in recruitment rules so as to downgrade the requisite qualifications for appointment and with an intention to cover a large chunk of otherwise unsuitable persons for appointment which caused a spate of litigation for the last few years. The ultimate casualty is the primary education in the State and the consequence is that vacancies of Assistant Teachers of several thousands are continuing as a result whereof the young children are being deprived of their fundamental right of primary education for want of Teachers.
9. Learned Standing Counsel attempted to counter the allegation of inaction and apathy on the part of State by stating that due to several sets of litigations, the actual appointments could not be made but the fact remains that department of Basic Education has miserably failed in discharge of its constitutional and statutory functions of ensuring smooth running of Primary Schools in State of U.P. for the last several years. Budgetary allocation to education department is one of the highest in the State yet it has not resulted in improvement of standard of Primary Education and one of the prime reason therefor is non-appointment of Teachers.
10. Be that as it may, at this stage since all preliminaries and other rituals with regard to selection has already completed, as stated at the Bar, I do not find it an occasion to make any further and detail observations on the conduct of respondents, except of placing on record a serious disapproval and condemnation of this Court on such inaction and lethargy as also incompetency on the part of State in so doing. Larger public interest cannot be permitted to sub-serve for otherwise individual or personal interest of State authorities.
11. In the facts and circumstances of the case, the writ petition is disposed of with a direction to respondents-Competent Authority(ies) to complete process of making actual appointments within a period of two months from the date of production of a certified copy of this order before concerned appointing authorities; and, ensure that appointed persons join their respective posts within a further period of fifteen days and primary institutions starts functioning in the next session, i.e., from July, 2014 and onwards, which would be in large public interest.
Order Date :- 29.05.2014
AK


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3352934

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