The Allahabad High Court’s recent ruling excludes EWS reservations in the recruitment of 69,000 assistant teachers in Uttar Pradesh, sparking discussions on the challenges of implementing such policies in government recruitment.
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PRAYAGRAJ:Today(on 12th march), The Allahabad High Court has made a decisive statement regarding the application of reservations for the Economically Weaker Sections (EWS) in the recruitment process of 69,000 assistant teachers in Uttar Pradesh. This decision has stirred discussions and debates among aspirants and legal experts alike, shedding light on the complexities of implementing reservation policies in government recruitment processes.
The controversy centers around the recruitment of assistant teachers initiated by the Uttar Pradesh government back in 2020. This recruitment drive was aimed at filling a substantial number of vacancies in the state’s primary education sector, a move that was anticipated to bolster educational standards and provide employment opportunities to thousands.
However, the recruitment process became a legal battleground when a group of candidates, led by Shivam Pandey, approached the court seeking the benefits of the EWS reservation. These petitioners, who had qualified in the unreserved (general) category, sought to leverage the 10 percent reservation allocated for the EWS category following the 103rd Amendment in the Constitution of India.
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The legal contention arose from the timing of the recruitment process. The Allahabad High Court, under the observation of Justice Saurabh Shyam Shamshery, pointed out a crucial timeline that defined the case’s outcome.
The court noted:
“Selection process of appointment of 69,000 posts of Assistant Teachers was commenced from May 16, 2020 i.e., after 103rd Constitutional Amendment but before the enactment of EWS Act i.e., on August 31, 2020.”
This timing was pivotal as it placed the recruitment process in a legal gray area concerning the applicability of the EWS reservation benefits.
Justice Shamshery further clarified the legal stance by referring to the Uttar Pradesh Public Services (Reservation for EWS) Act, 2020, specifically citing Section 13. He stated,
“Therefore, as per the savings clause (Section 13), provisions of this Act would not be applicable and it would be governed by provisions of law and government order as they stood before the commencement of this Act.”
This interpretation by the court essentially meant that the recruitment process was to be governed by the laws and regulations in place before the EWS Act came into effect.
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In December 2018 when the state government issued a Government Order (GO) to conduct the assistant teacher recruitment examination for 2019. This move set the stage for the subsequent selection process, which, despite the constitutional amendment, was not subject to the new EWS reservation guidelines due to its initiation date.
The court’s decision has underscored the importance of the timing in the application of reservation laws, leaving the petitioners without the anticipated EWS benefits. Despite obtaining EWS certificates and seeking to utilize the 10 percent reservation, the petitioners found themselves sidelined due to the pre-enactment commencement of the recruitment process.
This ruling by the Allahabad High Court has not only impacted the immediate future of the petitioners but also set a precedent for how reservation policies are to be applied in government recruitment processes initiated around the cusp of legal changes. The judgment serves as a reminder of the intricate interplay between law, policy, and administrative procedures in the realm of public sector employment, especially within the education sector.
