Amendments in relevant Rules, insofar as they prescribe absorption of Shiksha Mitras as Assistant Teachers, held ultra vires

Allahabad High Court- Deciding
on writ petitions wherein relief was sought to set aside two notifications
issued by the Government of Uttar Pradesh as a result of which Rule 16-A was
introduced in Uttar Pradesh Right of Children to Free and Compulsory Education
Rules, 2011 to reserve to the State Government the power to relax the minimum
qualifications prescribed for the appointment of assistant teachers in junior
basic schools in the case of shiksha mitras for the purpose of their
appointment in regular service and also absorption of shiksha mitras working in
junior basic schools, the bench of D.Y Chandrachud CJ, Dilip Gupta and Yashwant
Varma JJ held held Rule 16-A to be ultra vires the rule-making authority of the
State Government since the power to grant a relaxation from the minimum
qualifications is vested exclusively in the Central Government. It was further
observed by the Court that State Government has acted in a manner which is
arbitrary and ultra vires the governing central legislation and in breach of
the restraint on the limits of its own statutory powers in assuming to itself
to relax the minimum qualification and thereafter diluting the minimum qualifications
in the case of shiksha mitras.

In the instant
case, Additional Advocate General submitted that shiksha mitras were appointed
in pursuance of a scheme implemented by the State Government and hence their
appointments cannot be regarded as a backdoor entry. The Court disapproved the
submission and stated that the absorption of Shiksha Mitras as Assistant
Teachers in the regular service of the State cannot be justified as they were
at all material times appointed as and continued to be engaged as contractual
appointees and their appointments were not against sanctioned posts. The Court
further accepted the contention of the petitioners that the grant of
regularisation is fundamentally violative of Articles 14 and 16 of the
Constitution as qualified candidates fulfilling the NCTE norms are being denied
the equality of opportunity to seek appointment as Assistant Teachers.

The Court,
hence, quashed and set aside all consequential executive orders of the State
Government providing for the absorption of Shiksha Mitras into the regular
service of the State as Assistant Teachers. [Anand Kumar Yadav v. Union of
India,  decided on 12.09.2015]
Source: Legal news India

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