"State cannot give step-motherly treatment to Sanskrit": Allahabad High Court slams UP Government

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Asking the State Government of Uttar Pradesh to file a response as to why there is no post for Sanskrit Lecturer in State's district-level educational institutes in Bansi, Siddharth Nagar, Allahabad High Court on Tuesday said that State cannot give such step-motherly treatment to language Sanskrit.

The bench comprising Justice Rohit Ranjan Agarwal observed, "The State cannot give such step-motherly treatment to language Sanskrit, which is one of the oldest languages of Indian civilization and appointing teachers only on contractual basis."

The court was hearing a plea filed by one Badri Nath Tripathi who was appointed as a Guest Lecturer in District Institute for Education and Training (D.I.E.T.), Bansi, Siddharth Nagar on a contractual basis for teaching Sanskrit in 2012 but he got sacked in February 2021 on grounds of non-availability of any post for a Sanskrit teacher in the said D.I.E.T. Tripathi had come to the court challenging his removal.

Taking note of this bizarre situation, during the earlier hearing of the matter, the high court had asked the State Educational Authorities to explain as to why no post of lecturer (Sanskrit) had been created in the D.I.E.T., Bansi, Siddharth Nagar, and why the petitioner was not being allowed to continue on a contractual basis, if there was no such permanent post. 

To this, State's Standing Counsel on Tuesday submitted that as per the instructions, so received by him, there is no sanctioned post of Lecturer (Sanskrit) and the Lecturer appointed for teaching Hindi, having studied in High School, Intermediate and in Graduation with subject 'Sanskrit', can also teach Sanskrit.

Outrightly rejecting this submission, the court said, "The stand taken by the State in its instructions that a Lecturer appointed to teach 'Hindi' can also teach 'Sanskrit' does not appeal to the Court as Sanskrit is a specialized subject and State should include the same in its list and make proper appointment after creating and sanctioning the post."

Court also stressed that it was amazed by the action of the State Educational Authorities as to the justification for not creating the post of Lecturer (Sanskrit). Court added that till now no plausible reason has been given by the State except that the rules of 2013 regarding creation of posts for Lecturers do not provide for the appointment of Lecturer (Sanskrit).

It was further pointed out by the court that firstly the teachers for Sanskrit are being appointed only on contractual basis and when the regular appointments are made, such contractual appointments are made to suffer at the whims and fancy of the State Educational Authorities who are the decision-makers for the welfare of the State and protection of the language.

Therefore, taking note of the gravity of the matter, court directed the State to come up with an affidavit of State Secretary and one other within three weeks from the date of the order. 

Meanwhile, Tripathi's removal order has been stayed and he has been allowed to continue as Guest Lecturer on contractual basis.

Case Title: Badri Nath Tripathi v. State Of U.P. Through Its Secretary, And 4 Others