The Allahabad High Court has directed the inclusion of those candidates who have scored less than 50 percent marks in graduation in assistant teacher and headmaster recruitment examination to be held on October 17 in Aided Junior high Schools.
The Division Bench of Justice Kaushal Jayendra Thaker and Justice Subhash Chand passed this order while hearing a petition filed by Surendra Kumar Patel And 51 Others. The Court said that without going into the merits and credentials of the petitioners as they did not apply because of the notification, it has been understood that they would apply on or before October 07, 2021, if it is online then online or if it is physically then physically.
They would apply with all their documents which will be duly scrutinized by the respondents. The Court requested the respondents to go by the judgment of Neeraj Kumar and others Vs. State of U.P. and others and to permit teachers who are wishing to serve the nation by way of Government Service to at least apply and as we are told that the written test would be held on October 17, 2021 subject to right of the respondents as well as petitioners and subject to rules and their vires, which are under challenge the petitioners and similarly situated persons may be permitted to take the exams if they fulfil the basic criteria as enunciated in Neeraj Kumar and others Vs. State of U.P. and others.
The Court made it clear that this is an interim arrangement only to see that the right of appearing in the exams is not jeopardized. The Court fixed the next hearing on October 28.
Agnihotri Kumar Tripathi, Counsel for the petitioners, said that in the advertisement issued for the recruitment of headmaster and assistant teacher in Aided Junior high schools, only those candidates have been allowed to apply whose graduation has 50 percent or more marks. The counsel for the petitioners further said that under the regulation issued by NCT in 2009 it was mandatory to get 50 percent marks in graduation for doing B.Ed. which was challenged in the High Court.
The Allahabad High Court did not consider this rule to be correct in the Neeraj Kumar Rai case and quashed it considering it to be a violation of Article 14. After this, the NCT issued a notification on November 11, 2019, saying that those who have less than 50 percent marks in graduation can also do B.Ed.