UPTET SARKARI NAUKRI News - Shiksha Mitra High Court Order Part 1 -

UPTET SARKARI NAUKRI   News - Shiksha Mitra High Court Order Part 1 - 

HIGH COURT OF JUDICATURE AT ALLAHABAD

AFR
Chief Justice's Court
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Anand Kumar Yadav & Ors
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Shivam Rajan & Ors
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***
Appearances:
For the petitioners:
Mr Ashok Khare, Senior Advocate
Mr Siddharth Khare, Advocate
Miss Saumya Mandhyan, Advocate
Mr Arvind Srivastava, Advocate
Mr Rahul Agarwal, Advocate
Mr Ashok Kumar Dubey, Advocate
Mr Himanshu Raghave, Advocate
Mr Indrasen Singh Tomar, Advocate
Mr Tarun Agrawal, Advocate
Mr Anand Nandan, Advocate
Mr Man Bahadur Singh, Advocate
Mr Navin Kumar Sharma, Advocate
Mr Neeraj Tiwari, Advocate

For the State:
Mr C B Yadav, Addl Advocate General
Mr Shashank Shekhar Singh, Addl CSC

For the respondent-Shiksha Mitras:
Mr H R Mishra, Senior Advocate
Mr R K Ojha, Senior Advocate
Mr Agnihotri Kumar Tripathi, Advocate
Mr K S Kushwaha, Advocate
Mr Abhishek Srivastava, Advocate
Mr Ashok Pandey, Advocate
Mr Neel Kamal, Advocate

For NCTE:
Mr R A Akhtar, Advocate
Mr M Asthana, Advocate
For the Central Government:
Mr Arvind Kr Goswami, Advocate

Hon'ble Dr Dhananjaya Yeshwant Chandrachud, Chief Justice
Hon'ble Dilip Gupta, J
Hon'ble Yashwant Varma, J

(Per Dr D Y Chandrachud, CJ)

I Constitution of the Full Bench
This Full Bench has been constituted in pursuance of an order dated 27 July 2015 of the Hon'ble Supreme Court in State of Uttar Pradesh Vs Shiv Kumar Pathak1 and connected cases. The Supreme Court directed that all matters before the High Court of Judicature at Allahabad, both at Allahabad and Lucknow, relating to Shiksha Mitras shall be heard by a Full Bench at Allahabad. In pursuance of the order passed by the Supreme Court, the writ petitions relating to Shiksha Mitras which were pending before the Lucknow Bench have been transferred to Allahabad in pursuance of the provisions of Clause 14 of the United Provinces High Courts (Amalgamation) Order, 1948.

II Scope of the challenge
In the leading writ petition2, the relief which has been sought, is for setting aside two notifications which were issued on 30 May 2014 by the Government of Uttar Pradesh for notifying the Uttar Pradesh Right of Children to Free and Compulsory Education (First Amendment) Rules, 20143 and the Uttar Pradesh Basic Education (Teachers) Services (Nineteenth Amendment) Rules, 20144. By and as a result of the amendment , Rule 16-A was introduced into the Rules framed by the State Government under the Right of Children to Free and Compulsory Education Act, 20095, called the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 20116 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. The second amendment which has been made by the State Government has the effect of amending the Uttar Pradesh Basic Education (Teachers) Services Rules, 19817. By the amendment, the State Government has enabled the appointment of Shiksha Mitras who were working on the date of commencement of the amended Rules into regular service as Assistant Teachers of junior basic schools. The reliefs which have been sought also include a challenge to a Government Order dated 7 February 2013 issued by the Principal Secretary, contemplating the absorption into service, of Shiksha Mitras working in junior basic schools in phases covering a total of 1,24,000 graduate Shiksha Mitras and 46,000 Shiksha Mitras who have completed the intermediate qualification. There is also a challenge to a further Government Order dated 19 June 2014 implementing the decision of the State Government to absorb Shiksha Mitras into regular service.

III For convenience of exposition, the judgment has been divided into the following parts:
(i) PART A : The legislative, regulatory and administrative framework
(ii) PART B : Submissions
(iii) PART C : Analysis
(iv) PART D : Operative orders



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