HC Quashes Absorptions Of Shiksha Mitra As Regular Teachers In UP
12 September, Allahabad
The Allahabad High Court has quashed all absorptions of shiksha mitra (teaching assistants) as regular Assistant Teachers in state primary schools.
In a landmark judgment today the three judge full bench headed by chief justice D.Y.Chandrachud also declared the amendments made by the state government in 2014 as unconstitutional.
The state government had amended the rule to pave the way for absorbing about 1.70 lakh shiksha mitras as regular teachers.
The three judge bench said that an amendment made in the act for giving relaxation to Shiksha Mitras is unconstitutional and appointment through this amendment is illegal.
The court observed that the minimum qualification and other parameters have been decided by the Central Government through National Council of Teachers Education Act (NCTE) and for any relaxation in the rule power lies with central government only and state could not violate this.
According to reports about 1.25 lakh shiksha mitra has already been absorbed as Assistant Teachers and absorption for rest of shiksha mitra was under process.
After continuous hearing for several days the full bench assembled in chief justice court room, which opened Saturday , despite holiday and gave this significant verdict.
During hearing the counsels representing the shiksha mitras and state government had argued that the state government is absorbing shiksha mitra after clearly drawing rule.
They claimed that Shiksha mitras have been absorbed as per the amended rule.
However the opposition counsel argued that this Shiksa Mitras are never cleared Teachers Education Test (TET) which is also necessary under NCTE guidelines and as per the Right to Education Act.
Hence they could not be appointed as Assistant teachers in government primary schools.
The today’s order of High court is not only a major setback for government but for thousands of shiksha mitra also who were fighting for long to be regularized as Assistant teachers.
Many teaching aspirants assembled in large number outside the court premises, who have cleared TET exams, welcomed the Allahabad court’s decision.