2020 (6) TMI 801 - SC - Indian Laws

Appointment in the post of Shiksha Mitras - HELD THAT - It is clear that the State Government was directed that the services of all the Siksha Mitras who are presently working as on that date holding the post of Assistant Teachers shall not be disturbed. Despite the same, it is, prima facie, borne out from the records now produced that the State Government is proceeding with the selection to fill up all the posts. Such process to be adopted by the State Government shall not be permitted in view of the interim order passed by this Court on 21.5.2020. List the matters on 14.7.2020 as directed earlier.

Summary

Issues:
1. Permission to file Special Leave Petition in Diary No.11444/2020.
2. Confusion created by the State Government regarding selection orders.
3. Direction to the State Government regarding Shiksha Mitras and Assistant Teachers.
4. State Government proceeding with selection despite the interim order.

Analysis:
1. The Supreme Court granted permission to file the Special Leave Petition in Diary No.11444/2020. The Court convened through video conferencing and heard learned counsel for the parties. An interim order was passed on 21.5.2020 granting permission to file Special Leave Petitions and issuing notice in all matters returnable on 14.07.2020.

2. The confusion created by the State Government by issuing further orders relating to selection was addressed. Despite the direction that the services of all Shiksha Mitras working as Assistant Teachers should not be disturbed, it was observed that the State Government was proceeding with the selection to fill up all the posts. The Court clarified that such a process should not be permitted in view of the interim order passed on 21.5.2020.

3. The State Government was directed to provide information regarding the number of Shiksha Mitras presently working and those who appeared in the selection process, the number of Shiksha Mitras meeting the required marks criteria, and the Roll Numbers of those who secured the specified marks. It was decided that the services of Shiksha Mitras holding posts as Assistant Teachers should not be disturbed, but the State Government could fill up the remaining posts through the instant selection process.

4. It was highlighted that 37,339 Shiksha Mitras had appeared for the examination, and the State Government was allowed to fill up the remaining posts of Assistant Teachers excluding these individuals. The Court directed that 37,339 posts of Assistant Teachers should be kept vacant while the other posts could be filled. The matters were listed for further proceedings on 14.7.2020 as per the earlier direction.