The Supreme Court has adjourned to August 25, a batch of petitions seeking permission to appear in the TGT/PGT examination for appointment of Assistant Teachers in the state of Uttar Pradesh, under Article 32.
The bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy adjourned the order on Wednesday, as the Counsel for the Secondary Education Board was to take instructions and consider the representations.
The Court heard the submissions of Senior Advocate Vikas Singh, appearing for the petitioners, who sought benefit of past service and could not have applied as fresh candidates. The Court observed that it was “not able to appreciate the submission of the senior counsel for the petitioners that because such candidates could not upload their forms as persons with past experience, they would not even be interested in applying as fresh candidates to take the examination.”
Another issue before the Bench was that of disruption in one exam center, but it also noted that there were contradictory versions and actual facts were not verified.
The petitioners also submitted that if fresh examination is to be held on account of disruption of the examination in that centre, then such candidates, who could not apply earlier on account of problem in uploading their applications as candidates with past service, may also be given a chance. To this, the Court directed the counsel for the Board to consider such cases sympathetically.
The matter relates to an advertisement, which provided that the period of service as an ad hoc teacher is to be counted on the basis of the date of the first disbursal of salary from the State treasury till the last date of submission of online application. The grievance was that no opportunity was given to submit applications and the portal had been closed on May 20, 2021. On August 6, the Supreme Court decided to hold inquiry into the issue.
The petitioners said they were appointed under Section 16E (11) of the UP Intermediate Act, 1921 and had been working continuously, when their salaries were arbitrarily withheld.
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The apex court had directed on August 26, 2020 that the salaries should be paid and they may be permitted to appear in one single examination for appointment of teachers. On July 28, 2021, the Supreme Court had clarified that the date of disbursal of salary cannot be a condition for applying for the examination.
However, the petitioners were not allowed to submit their forms, despite being eligible as the online form had the mandatory requirement of details of salary. The Allahabad High Court had also decided a writ petition concerning the non-payment of salaries and directed that the ad-hocism in the education system should be brought to an end.