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Synopsis

The Allahabad High Court has declined to extend reservation benefits for the Economically Weaker Section (EWS) for 69,000 Assistant Teacher recruitment. 

The bench of Justice Saurabh Shyam Shamshery passed the order in a batch of petitions filed by the candidates, noting that since the recruitment process commenced before the enactment of the Uttar Pradesh Public Services (Reservation for EWS) Act, 2020, therefore, the process was governed by prior laws and government orders.

As per Section 13 of the state's EWS Act, enacted on August 31, 2020, ongoing selection processes were exempted from its application.

The high court noted that not only the ATRE Examination-2019 (a qualifying examination) was held on January 6, 2019, i.e. prior to the 103rd Constitutional Amendment, but also the further selection process of appointment of 69000 posts of Assistant Teachers commenced from May 16, 2020, i.e. after 103rd Constitutional Amendment but before the enactment of the 2020 Act which happened in August 2020. 

"Therefore, as per the saving clause (Section 13), provisions of U.P. Act No. 10 of 2020 would not be applicable and it would be governed by provisions of law and Government Order as they stood before the commencement of U.P. Act No. 10 of 2020," court held.

In 2018, the state government issued a Government Order for conducting Assistant Teachers Recruitment Examination-2019 and subsequently, the selection process began. Despite petitioners obtaining EWS certificates following the 103rd Amendment to the Constitution, they were not selected in the final list due to lower merit.

The court dismissed the petitions, stating the relief sought couldn't be granted given the circumstances.

Case Title: Shivam Pandey And 11 Others v. State and 2 Others along with connected matters