Uttarakhand High Court
WPPIL/46/2021 on 22 September, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH
CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
WRIT PETITION (PIL) No. 46 OF 2021
22ND SEPTEMBER, 2021
Between:
Anu Pant ...Petitioner
and
State of Uttarakhand and another. ...Respondents
Counsel for the petitioner: Mr. Abhijay Negi, learned
counsel.
Counsel for the respondents: Mr. S.N. Babulkar,
learned Advocate
General with Mr. C.S.
Rawat, learned Chief
Standing Counsel for
the State of
Uttarakhand.
The Court made the following:
JUDGMENT :(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan) The present PIL has been filed seeking a direction from this Court to the respondents to extend the last date for submission of the applications for the post of Assistant Teacher, L.T. Grade.
2. By order dated 17.09.2021, this Court had directed Ms. Radhika Jha, the learned Secretary, Elementary Education, to appear before this Court 1 through video-conferencing. Consequently, Ms. Radhika Jha has appeared before this Court today through video-conferencing.
3. According to the petitioner, different advertisements were published by ten different districts of the State declaring the vacancies, which had arisen on the post of Assistant Teacher, L.T. Grade. In most of the districts, the last date for submission of the applications was 21.01.2021.
4. One of the requirements to become eligible was passing CTET examination, or TET examination. According to the petitioner, although originally the CTET examination was scheduled to be held on 05.07.2020, but, due to the raging pandemic, the said examination could not be held till 31.01.2021. Since the above advertisement had given the last date for submission of the applications as 21.01.2021, obviously there were many candidates, who could not apply for the said post, as they did not have the benefit of having taken the CTET examination by the last date of submission of application.
5. Moreover, there was another set of candidates, who could not take the TET examination till 30.04.2021. Therefore, according to the petitioner, all 2 those candidates-on the one hand, who had appeared for taking the CTET examination, and on the other hand those who had appeared in the TET examination, could not apply for the post of Assistant Teacher, L.T. Grade. Hence, the present petition for extending the last date for submission of the applications for the said post.
6. This Court has asked Ms. Radhika Jha, the learned Secretary, as to the possibility of extending the last date for submission of the applications for the said post. According to her, there are presently 2648 vacancies, which exist in ten different districts, where the posts have been advertised. Moreover, primary schools have commenced their academic years. Yet, most of these schools are saddled with vacant posts. Therefore, it is imperative that these vacancies should be filled-up as expeditiously as possible.
7. Secondly, for the large numbers of vacancies, the State has already received a large number of applications in the month of January, 2021 itself. It takes about four months to process these applications, and the process is over. Therefore, the Department already has a list of eligible candidates, who can be permitted to take the examination, and to 3 participate in the selection process. In case, another set of applications is now to be accepted, it will further delay the selection process, thereby jeopardizing the interest of the students, who will continue to attend the schools without teachers.
8. Thirdly, there may be candidates, who had applied earlier and they wish to apply again as they have improved in the CTET examination held in 2021. This would further complicate the situation. As the districts may have to deal with two different applications filed by the same person. Therefore, dealing with and sorting out the applications may be a complicated affair.
9. Fourthly, receiving the applications and vetting them is not online. It is done manually. Therefore, it will take a longer time to vet through a large number of applications, in case the last date for submission of the applications were to be extended.
10. Fifthly, there is a great possibility that after two months, the model code of conduct is clamped down as the State is about to enter its next Legislative Assembly Election.
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11. Lastly, already the Department has 451 vacancies for the post of Assistant Teachers, which, according to the learned Secretary, would be advertised within a period of two months. Therefore, those candidates, who have been left out and are unable to apply for the 2648 vacancies, would have an ample opportunity to apply for the 451 posts, once they are advertised by the Department. Therefore, she humbly prays that the last date for submission of the applications should not be extended by this Court.
12. On the other hand, Mr. Abhijay Negi, the learned counsel for the petitioner, submits that firstly, on the last occasion, when the former Secretary, Primary Education, namely, Mr. R. Meenakshi Sundaram, had appeared, he had stated that it takes one month's time for the Department to process the applications.
13. Secondly, those who have been left out and could not take CTET / TET examination, for no fault of their own, would continue to be unemployed without any hope of getting an opportunity in near future. Thus, equal opportunity of public employment should be extended to this group of candidates. 5
14. Thirdly, the 451 vacancies, which do exist presently, may not cover the ten districts, where the advertisement has already been issued. Therefore, all candidates would be deprived of equal opportunity to compete. Hence, the learned counsel prays that the last date for submission of the applications should be extended, at least by five to ten days in order to permit these candidates, who have completed their CTET / TET examination, to submit their applications for the said post.
15. Heard, Mr. Abhijay Negi, the learned counsel for the petitioner, and Ms. Radhika Jha, the learned Secretary.
16. Admittedly, there are 2648 vacancies existing in ten different districts of the State. Undoubtedly, the primary schools have commenced their academic session. It is a common knowledge that the academic session has already been postponed due to the pandemic from the months of June-July to September-October. What is of paramount importance before this Court would be the interest of the students, who have already joined their Schools. Naturally, the students cannot be left unattended and untaught. 6 Therefore, it is imperative that these large number of vacancies should be filled-up as expeditiously as possible without any further delay.
17. By not extending the last date of submission of the applications, it is not that the candidates will be deprived of their right of equal opportunity of public employment. For the equal opportunity will continue to exist as according to the learned Secretary, there are 451 vacancies that do exist, and which shall be advertised in the near future.
18. It is, indeed, trite to state that when selection process begins and a last date for submission of applications is given, there is always a Class, which may miss the mark, because on the last date for submission of the applications, they do not have the requisite eligibility criteria. Therefore, there is always a class of people, which would be left out from applying for the said post. But, merely because they are left out, they cannot claim that they have a right to have the last date of submission of the applications extended.
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19. Although it is true that those candidates could not complete their CTET examination prior to 21.01.2021, for no fault of their own, nevertheless they continue to have an opportunity to compete for the vacancies that would arise.
20. Therefore, keeping in mind the paramount importance of the interest of the students, keeping in mind that the Schools must not function with vacancies, keeping in mind that it is imperative that the entire teaching staff is readily available for the efficient running of Schools, this Court is of the opinion that the last date for submission of the applications cannot be extended any further. Therefore, this Court does not find any merit in the present PIL.
21. However, as the learned Secretary has already informed this Court that there 451 vacancies do exist, and since there is a possibility that model code of conduct may be imposed by December, 2021, this Court directs the learned Secretary to advertise the 451 vacancies on or before 20.10.2021 so as to give a chance to those candidates, who have passed the CTET examination on 31.01.2021, and to give a chance to those candidates, who have passed their TET 8 examination on 30.4.2021 to compete for all these 451 vacancies.
22. With these directions, the PIL stands disposed of.
_____________________________ RAGHVENDRA SINGH CHAUHAN, C.J.
___________________ ALOK KUMAR VERMA, J.
Dt: 22nd September, 2021 Rathour 9