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Synopsis

In a strong rebuke to the Director General of School Education, Uttar Pradesh, the Allahabad High Court recently expressed serious concern over the prolonged delay in the appointment of Principals and Assistant Teachers in non-government aided junior high schools across the state. Court criticized the lack of urgency in filling vacancies, emphasizing that the right to education is a fundamental right that cannot be compromised due to bureaucratic delays.

On a petition filed by Krishi Audyogik Vidyalaya Aau, Atarra, a recognized junior high school in Banda district, seeking appointments for vacant teaching positions, court noted that in its earlier orders, it had directed the government to expedite the recruitment process, but procedural hurdles had stalled any substantial progress.

A personal affidavit submitted by the Principal Secretary (Basic Education), Uttar Pradesh, detailed the bureaucratic timeline leading to the impasse. According to the affidavit, the recruitment of 390 Principals and 1,507 Assistant Teachers had been initiated following government orders in 2019. Examinations were conducted, and results were declared. However, subsequent legal challenges and court orders in 2022 and 2023 put a temporary hold on the recruitment process.

Despite the dismissal of all pending petitions on February 15, 2024, and lifting of legal roadblocks, no further action was taken due to the imposition of the Model Code of Conduct for the 2024 Lok Sabha elections. Later, inter-departmental consultations delayed the process further as officials awaited financial and legal clearance. Letters were sent to the Director General of School Education, Uttar Pradesh, requesting a clear proposal for the appointments, but no such proposal had been submitted to date.

The bench of Justice Prakash Padia, frustrated with the inaction, noted that students across the state were suffering due to the severe shortage of teachers.

"The right to education is a fundamental right and from perusal of the facts as narrated above it is clear that the respondents are violating the fundamental rights guaranteed to the citizens under the Constitution of India," the bench said. 

Taking a firm stance, the bench directed the Director General of School Education to file a personal affidavit within ten days explaining the delay in submitting the required report.

Additionally, the Registrar (Compliance) was directed to ensure that a copy of the court’s order reaches the Director General through the Special Secretary, Uttar Pradesh government, within 24 hours. 

Case Title: C/M Krishi Audyogik Vidyalaya Aau And Another Vs. State Of U.P. And 3 Others