Setback for UP’s Shiksha Mitras when SC allows state government to fill 69,000 assistant teacher positions
The Supreme Court (CS) on Wednesday removed legal hurdles that put around 100,000 Shiksha Mitras, or for teachers, aggrieved, in Uttar Pradesh (UP) in the way of the Yogi Adityanath-led government to fill around 69,000 vacant assistant positions . teachers.
The Shiksha Mitras had defied an order from the state government, which was issued on January 7, 2019. The order had raised the minimum scores for the Assistant Teacher Recruitment Exam (ATRE), 2019, to 60-65% from 40- 45% in ATRE. , 2018.
About 30 petitions were filed in the Lucknow court of the Allahabad (HC) High Court one day after ATRE, 2019 was conducted, challenging the revised eligibility rules.
Several Shiksha Mitras suffered inconvenience due to higher rating cuts and failed to pass the rating.
However, the two-member high court, made up of Judges UU Lalit and M Mohan Shantanagouder, found nothing wrong with the state government’s order.
The SC said: “Any process, which applied equally to all candidates and was designed to bring together the best talent, cannot be called arbitrary or irrational.”
The court considered the matter through the lens of the constitutional guarantee of the right to free education under Article 21A.
The court said that “Article 21A of the Constitution provides for the provision of quality education to children, which, in turn, would mean that teachers must be worthy and the best.”
The bank approved the upgraded rating ratings set by the state government and allowed the state government to fill the 69,000 positions for assistant teachers, according to the results of ATRE-2019, which were declared on May 12 amid the coronavirus disease (Covid -19) outbreak.
In total, 1,46,060 candidates were declared successful in the exam.
The CS offered a shred of hope to the Shiksha Mitras and recorded the submission of the state government, which was willing to offer one more opportunity to the aggrieved teachers.
However, the court left it up to the state government to consider the “form and modalities” in which the opportunity could be seized.
The appeals to the higher court stemmed from an order approved by the Lucknow court of the Allahabad HC on May 6, after which Shiksha Mitras lost his challenge to the rating limits set by the state government.
The Shiksha Mitras have been serving in UP under a state government order that was issued on May 26, 1999.
The objective of hiring Shiksha Mitras was to maintain the ratio of teachers to pupils in primary schools by hiring for teachers with a lower monthly salary.
Previously, Shiksha Mitras received a monthly fee of Rs 1,450, which was later increased to Rs 10,000.
The Shiksha Mitras had claimed that those who had applied for ATRE, 2018, and ATRE, 2019, formed a homogeneous class, but the SC did not accept this claim. The higher court held that the level of difficulty of both exams was different.
The bank found that 37.62% of the candidates had qualified in ATRE, 2019, when the eligibility limit was 60-65%. While 38.83% of the candidates had qualified in ATRE, 2018, when the eligibility limit was 40-45%.