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These teachers were appointed between 1993 and 1996 in various management colleges across the State to meet the urgent requirement of teachers at that time.
The Lucknow bench of the Allahabad High Court has directed the State government to consider regularizing teachers appointed between 1993 and 1996 in various management colleges across Uttar Pradesh.
These teachers were appointed across the State to meet the urgent requirement of teachers at that time.
The order was passed in a bunch of petitions challenging the orders passed by regional level committees (RLCs) headed by the regional joint director of education, which refused to regularize their services because the required documents had not been forwarded by the district inspector of schools or the relevant management committee.
The 37 petitioners were appointed either under the Second Removal of Difficulties Order framed under the Act No.5 of 1982 or under unamended Section 18 of Uttar Pradesh Secondary Education (Service Selection Boards) Act, 1982. Subsequently, vide the UP Act No.7 of 2016, a new Section 33-G was inserted with effect from 22.3.2016, thus, it was incumbent upon the RLC to thoroughly examine the case of the petitioners.
The petitioners contended that instead the RLCs, ignoring the provisions of law and without ensuring the records of each and every petitioner from the committee of management concerned, passed the impugned orders.
The bench of Justice Shree Prakash Singh noted that there was nothing on record which could show that the RLCs had demanded the necessary documents from the District Inspector of Schools (DIOS) or the related committee of management.
"It is crystal clear that the records with respect to the appointment of the petitioners were not placed before the Regional Level Committee," the bench pointed out.
Further, it highlighted that the DIOS himself was a member of the regional level committee.
"It is the pious duty of the respondent authorities to examine that the teachers, who are serving for a long period of time, whether fall under the mandate of section 33-G of the Act 1982," the bench said.
The bench concluded that all the impugned orders had been passed in a cyclostyle manner and without ensuring the records from the committee of management and the DIOS. "Therefore, those assail infirmity and erroneousness," it held.
Court allowed all the petitions and quashed the orders passed by the RLC headed by the Regional Joint Director of Education concerned.
Court relegated back all the matters to the RLC concerned to pass order afresh within a period of three months, after calling the records from the committee of management as well as the DIOS and while affording opportunity of hearing to the teachers concerned, if so required.
The scheme provided under Section 33-G of the Act, 1982 shall strictly be adhered to, the bench ordered.
Additionally, court provided that all the writ petitions will be entitled to continue in service and shall be paid salary without any further break.
Case Title: Tirthraj v. State of UP and 4 Others and connected matters
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