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LATEST NEWS UPDATES | Supreme Court quashes appointment of 1.78 lakh teachers in UP junior schools -Amit Anand Choudhary

Supreme Court quashes appointment of 1.78 lakh teachers in UP junior schools -Amit Anand Choudhary

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published Published on Jul 26, 2017   modified Modified on Jul 26, 2017
-The Times of India

NEW DELHI: In a major set back to 1.78 lakh "Shiksha Mitras" whose jobs were regularised as teachers in junior schools in Uttar Pradesh, the Supreme Court on Tuesday quashed their appointment for not holding adequate qualifications as fixed by Centre under Right of Children to Free and Compulsory Education Act.

A bench of Justices AK Goel and UU Lalit held that their jobs could not be regularised at the cost of fundamental right of children to free quality education by duly qualified teachers. The court, however, said that they should be given opportunity to be considered for recruitment as teachers if they have now acquired the requisite qualification. It also allowed the state government to continue them as Shiksha Mitras on same terms on which they were working prior to their absorption.

"On the one hand, we have the claim of 1.78 lakhs persons to be regularized in violation of law, on the other hand is the duty to uphold the rule of law and also to have regard to the right of children in the age of 6 to 14 years to receive quality education from duly qualified teachers. Thus, even if for a stop gap arrangement teaching may be by unqualified teachers, qualified teachers have to be ultimately appointed. It may be permissible to give some weightage to the experience of Shiksha Mitras or some age relaxation may be possible, mandatory qualifications cannot be dispensed with. Regularization of Shiksha Mitras as teachers was not permissible," the bench said.

The court held that appointment of Shiksha Mitras was not as per qualification prescribed for a teacher and they could not be regularized as teachers. "Regularization could only be of mere irregularity," it said.

"In view of our conclusion that the Shiksha Mitras were never appointed as teachers as per applicable qualifications and are not covered by relaxation order under Section 23(2) of the RTE Act, they could not be appointed as teachers in breach of Section 23(1) of the said Act. The State is not competent to relax the qualifications," the court said.

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The Times of India, 25 July, 2017, http://timesofindia.indiatimes.com/india/supreme-court-quashes-appointment-of-1-78-lakh-teachers-in-up-junior-schools/articleshow/59759555.cms


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