The appeal, filed by a group of selected general category candidates in supreme court, contends that the recruitment process was transparent and in accordance with the reservation provisions set forth under the Uttar Pradesh Public Service (SC, ST, and OBC Reservation) Act, 1994, and the Uttar Pradesh Basic Education Rules, 1981. These rules mandate 27% reservation for OBCs, 21% for SCs, and 2% for STs.
NEW DELHI: The Supreme Court of India(27th Aug) has agreed to hear a petition challenging the Allahabad High Court’s decision to cancel the appointment of 69,000 assistant teachers in Uttar Pradesh. The dispute centers on claims of non-compliance with reservation rules during the recruitment process.
READ ALSO: Allahabad High Court: ‘No EWS Quota for 69,000 Assistant Teacher Recruitment’
The Allahabad High Court’s Lucknow bench issued the order on August 13, directing the Uttar Pradesh government to release a new merit list, effectively invalidating the previous appointments.
The appeal, filed by a group of selected general category candidates in supreme court, contends that the recruitment process was transparent and in accordance with the reservation provisions set forth under the Uttar Pradesh Public Service (SC, ST, and OBC Reservation) Act, 1994, and the Uttar Pradesh Basic Education Rules, 1981. These rules mandate 27% reservation for OBCs, 21% for SCs, and 2% for STs.
Petitioner Ravi Saxena also emphasized additional reservations specified in a government order dated September 25, 2018, which includes 4% reservation for persons with disabilities, 2% for freedom fighter dependents, 5% for ex-servicemen, and 20% for women under the applicable laws.
The petition argues that recreating the merit list is unnecessary and asserts that implementing the High Court’s decision would impose significant financial hardships on thousands of general category candidates and their families, many of whom have been serving as teachers under the existing merit list for years.
It also raises concerns about the potential violation of the right to live with dignity under Article 21 of the Constitution, should the appointments be annulled.
READ ALSO: Allahabad HC Directs UP Govt to Make Fresh Merit List of 69,000 Teachers Appointment
Background
The Assistant Teachers Recruitment Examination (ATRE) was conducted for the recruitment of 69,000 assistant teachers in Uttar Pradesh’s Basic Education Department, as advertised on December 5, 2018. The exam took place on January 5, 2019, with 4.10 lakh candidates out of 4.31 lakh applicants appearing. Results were declared on May 12, 2020, where 1.46 lakh candidates qualified.
The cut-offs were set at 67.11% for general category candidates, 66.73% for OBC candidates, and 61.01% for SC candidates.
On June 1, 2020, the Basic Education Board Secretary outlined the recruitment process, which led to two lists of selected candidates being released in October 2020. The lists included 67,867 candidates, with 1,133 Scheduled Tribe posts left vacant due to a lack of qualified candidates.
Allegations of irregularities soon emerged, with concerns raised about the lack of a category-wise breakdown of marks and an apparent overrepresentation of general category candidates. OBC and SC candidates reportedly received less representation than required, sparking protests since October 2020. Uttar Pradesh Chief Minister Yogi Adityanath intervened, asking officials to find a fair resolution.
The controversy escalated when candidates filed petitions in the Allahabad High Court, questioning the selection lists and alleging that Meritorious Reserved Candidates were wrongly categorized under reserved positions instead of general vacancies. The court was also informed that the state had failed to adhere to the Reservation Act, 1994.
In response, the government issued a new selection list in January 2022, appointing an additional 6,800 reserved category candidates. However, a single-judge bench of the Allahabad High Court quashed the previous lists in March 2023.
This ruling was challenged, leading to a fresh order by a division bench on April 17, 2023, directing the creation of a new list of 69,000 candidates based on the U.P. Basic Education Service Rules, 1981, and the Reservation Act, 1994.
The court’s recent ruling allows current teachers to continue through the academic session, though the earlier lists are to be invalidated. The recruitment process will start over, and those already appointed may lose their jobs. Appeals against the March 2023 order were also disposed of by the court.
