The Allahabad High Court declined to extend the reservation benefits under the Economically Weaker Section (EWS) category for the recruitment of 69,000 Assistant Teachers conducted in 2020.
It also mentions that the act shall not apply to selection processes that have been initiated before the commencement of the Act. Hence, processes initiated before the Act shall be dealt in accordance with the laws in operation before the new law's enactment.
Why were the petitions rejected?
In rejecting a series of writ petitions filed by Shivam Pandey and others, Justice Saurabh Shyam Shamshery remarked, "The selection process for the appointment of 69,000 Assistant Teachers began on May 16, 2020, following the 103rd Constitutional Amendment but preceding the enactment of the EWS Act on August 31, 2020."
He further added that the provisions of the appointment process declared previously will not be applicable under the jurisdiction of this act.
In December 2018, the state government issued a Government Order (GO) to organise the assistant teacher recruitment examination, in 2019.
All petitioners were deemed qualified in the unreserved (general) category. Following this, the state government commenced the selection process for filling 69,000 Assistant Teacher positions in primary education across Uttar Pradesh.
However, afterwards, in accordance with the 103rd Amendment to the Constitution of India, the petitioners obtained EWS certificates, seeking a 10 per cent reservation for the EWS category in the recruitment process.
During the pendency of the writ petition, the selection process concluded, and the petitioners were not chosen as they were placed lower in merit.
The court dismissed all petitions, stating that the relief sought by the petitioners could not be granted.
