Supreme Court.

The Supreme Court has asked the Uttar Pradesh government to respond to a plea contesting orders to amend the state law on the appointment of teaching staff in institutions supported by minorities.

The Bank of Justice Ashok Bhushan on Thursday notified the Uttar Pradesh government and asked them to respond within 8 weeks.

The Supreme Court heard an appeal by the Administrative Committee of the National Inter College in Bulandshahar against an order from the Allahabad High Court that upheld the government’s action.

The bank has also refused to uphold the Allahabad High Court order. She said, “The injunction prayer to uphold the April 22, 2020 judgment is denied.”

“The order of the state government affects its administrative law guaranteed in Article 30 of the constitution, and the change must therefore be declared as ultra vires,” the petition says.

The government of Uttar Pradesh issued an order on March 12, 2018, according to which the governor had approved an amendment to the UP Intermediate Education Act and now the selection of teaching staff is monitored by a private recruitment agency via the Joint Director of Education (JDE) or the District inspector of schools (DIOS), who would recommend five names to the university management for each vacancy, who would then conduct an interview and make an appointment accordingly.

The government ordinance stipulated that all application forms should go through the JDE or DIOS, depending on whether the selection was for the position of headmaster of the institution or for a teacher. It added that the agency would run a written test or a screening test that scores 90 points, while the interview process would be worth 10 percent of the selection process.

“The power to appoint an unidentified or undefined private recruitment agency to perform 90 percent of the hiring process, while giving the management committee the freedom to be involved in only 10 percent of the evaluation, undermines the right to manage minority institutions,” added the plea added.


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