In a landmark judgment, the Allahabad High Court has ruled that appointing teachers on compassionate grounds violates the constitutional right to quality education under Article 21-A. The court declared two Government Orders (GOs) dated September 4, 2000, and February 15, 2013, unconstitutional to the extent they permit such appointments, citing violations of Articles 14, 16, and 21-A of the Constitution of India.
Justice Ajay Bhanot, delivering the judgment, emphasized that the process of appointing teachers without assessing their merit compromises the quality of education. He stated that such appointments, made without evaluating the candidates' qualifications and teaching abilities, degrade educational standards and infringe upon children's fundamental rights to quality education.
The court further held that these GOs are inconsistent with Section 3 of the Right to Education Act, 2009, and Rule 5 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1999. Rule 5 stipulates that compassionate appointments should be made to suitable positions in government services, excluding teaching posts, to ensure that educational quality is not compromised.
The judgment arose from multiple writ petitions filed by individuals seeking compassionate appointments as Assistant Teachers based on the aforementioned GOs. The court, while acknowledging the intent behind compassionate appointments to provide immediate financial relief to bereaved families, clarified that such appointments should not extend to teaching positions, which require specific qualifications and competencies.
Justice Bhanot noted that the insistence on compassionate appointments in teaching roles often reflects a desire for permanent social status rather than addressing immediate financial needs. He asserted that the primary objective of compassionate appointments is to alleviate financial distress, not to serve as an alternative recruitment channel for coveted positions like teaching.
The court's decision underscores the importance of maintaining educational standards and ensuring that teachers are appointed based on merit and qualifications. By striking down the provisions allowing compassionate appointments of teachers, the Allahabad High Court has reinforced the constitutional mandate of providing quality education to all children.
This ruling serves as a precedent, highlighting the judiciary's role in upholding educational integrity and constitutional rights. It emphasizes that while compassionate appointments are vital for supporting bereaved families, they must not compromise the quality of essential public services like education.
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