‘Drive to recruit 69k asst teachers began before EWS quota’: HC dismisses spl appeals
“Even if such details were made available hereinafter, the implementation of such reservation would require 10% of candidates belonging to the unreserved category to be ousted...” the court observes.
The Allahabad high court has dismissed special appeals that sought reservation to people from economically weaker sections (EWS) in a recruitment drive that was undertaken to fill 69,000 posts of assistant teachers in the state.
These special appeals were filed by one Shivam Pandey and others against the judgment of a single-judge bench of the court which had held that since the recruitment commenced prior to the introduction of the reservation in the EWS category, the petitioners, therefore, were not entitled to any relief.
Refusing to grant relief, a division bench, comprising Justice Ashwani Kumar Mishra and Justice Praveen Kumar Giri, in its judgment dated May 8 dismissed all the special appeals filed in connection with the issue and observed: “Admittedly, the process of recruitment has not only commenced, but also concluded. The secretary of the board has filed his personal affidavit clearly stating that all appointments have been made on 69,000 advertised vacancies for assistant teachers. None of the selected candidates has been impleaded as a party respondent in the present bunch. None of the selections already made is under challenge either.”
“...There is nothing on record to show that on the examination form any of the candidates was required to furnish details of his/her EWS status. It would, therefore, be difficult to ascertain, as to who are the persons who would actually be falling in the EWS category. In the absence of details in that regard, it would be difficult to prepare any merit list of the candidates belonging to the EWS category,” it added.
“Even if such details were made available hereinafter, the implementation of such reservation would require 10% of candidates belonging to the unreserved category to be ousted... The selected people have already been working for several years and their appointment is not under challenge. In such circumstances, it would not be prudent exercise of discretion for this court to issue any direction to extend 10% EWS reservation in the recruitment in question...” the court observed.
