In a major setback to the State Government, the Allahabad High Court on Saturday stayed the ongoing regularisation of 1.72 lakh Shiksha Mitras being carried out by the incumbent Government in line with its election manifesto.
A three-judge Bench, comprising Chief Justice DY Chandrachud, Justice Yashwant Verma and Justice Dilip Gupta, passed the order while terming the amendments made by the State Government as unconstitutional, arbitrary and ultra vires of the statutory UP Rules and Notifications of National Council for Teacher Education (NCTE).
The court made it clear that it was the Centre, and not the State Government, that had the power to absorb ad hoc teachers as assistant teachers.
The UP Government vide a proposal letter, dated January 3, 2011, had requested the NCTE to grant approval to graduate Shiksha Mitras, which was accorded by the NCTE on January 14, 2011, with several conditions, including the condition that the State Government shall ensure that no appointment of untrained teachers in whatsoever manner was made and that NCTE’s norms and standards were followed in imparting training to working untrained teachers. Thereafter, the UP Government brought the aforementioned amendments.
Counsel for the petitioners Ashok Khare argued that the approval granted by the NCTE on January 14, 2011, was
not in consonance with its own regulations.
Appearing on behalf of the Government of UP, Additional Advocate-General CB Yadav argued that Shiksha Mitras were covered by provisions of Section 23 (2) of the Right to Education Act, 2009.
On behalf of Shiksha Mitras, senior advocate RK Ojha argued that pursuant to being appointed as academic authorities, the NCTE was required to frame rules and regulations under Section 31 or 32 of the NCTE Act but it did not do so.
Representing the NCTE, Rizwan Ali Akhtar argued that the norms and standard for D.El.Ed course found place in Appendix-9 of the NCTE Regulations, 2009, the preamble of which itself clarified that the said course was intended primarily for upgrading the professional competence of working teachers in elementary schools.
The judgement, which affects the careers of nearly 1. 72 lakh Shiksha Mitras, came on a petition filed by Shivam Rajan and several others who had challenged the State Government’s move to regularize the contractual teachers.
Shiksha Mitras were appointed during the previous BSP’s rule in the State and had been provided a two-year Basic Training Course (BTC) meant for primary teachers through distance education.
In 2012, the newly-elected Samajwadi Party Government initiated the populist measure of regularising the Shiksha Mitras by bringing in the amendments.