Supreme Court Seeks UP Govt’s Response On Teaching Staff Appointment In Minority Aided Institutions


New Delhi: The Supreme Court has sought response from the UP government on the petition challenging the amendment in the state’s teacher appointment law in minority aided institutions within eight weeks.

A plea made by the Management Committee of National Intercollege of Bulandshahar against the Allahabad High court order that was under the cloud of upholding the government’s actions was heard by the top court.

The court refused to stay the Allahabad HC order and said, “The prayer for interim relief to stay the judgment dated April 22, 2020, is rejected.”

The petition stated, “The state government order interferes with its right of management guaranteed under Article 30 of the Constitution and the amendment must, therefore, be declared ultra vires.”

An order was issued on March 12, 2018, by the UP govt. stating that “the Governor had approved an amendment; giving the monitoring the selection of teaching staff to a private recruitment agency, under the UP intermediate Education Act. The DIOS would recommend five names for each vacancy to the college level management who would take up the further interview processes.”

It also specified that all the orders will have to go through the JDE or DIOS depending upon whether the post was meant for Headmasters or teachers. Written test and screening will be of 90 marks while the interview will hold 10 per cent weightage.

“Vesting power of appointment in hands of an unidentified or undefined Private Recruitment Agency to conduct 90 percent of the recruitment process while granting the management committee liberty to be involved with regard to only 10 percent of the assessment encroaches upon the right to management available to minority institutions,” added the plea.

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