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Supreme Court declines to stay HC order

J. Venkatesan

On district-wise recruitment of 7,000 teachers

New Delhi: The Supreme Court on Friday refused to stay a Madras High Court judgment striking down a G.O. by which vacancies of about 7,000 secondary grade teachers in the State were sought to be filled district-wise through seniority of candidates in each district employment exchange.

A Bench of Justice R.V. Raveendran and Justice L.S. Panta, however issued notice to the Unemployed Secondary Grade Teachers Welfare Association Society and others and directed the matter to be listed for further hearing in the third week of September.

Senior counsel T.R. Andhyarujina, appearing for the State, justified the G.O. stating that this was the practice being followed for the last 50 years and was introduced for administrative convenience. Urgent orders were required as about 7,000 posts had to be filled.

Justice Raveendran told counsel: “We can’t ignore the constitutional mandate under Article 16 (2) [No citizen shall, on grounds of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment or office under the State.]”

Justice Raveendran said: “You [State] have ensured that no candidate from other district can register in the employment exchange of a particular district. We will not stay the judgment. We will issue notice. You come out with a modified scheme that will satisfy the requirements of law then we will consider. Or you give an advertisement that any one can apply for the post.”

Fall in standards

The State government said policy decision on district-wise selection of candidates for appointment of secondary grade teachers was taken due to fall in standards of education in primary classes 1 to 5, dealt with by secondary grade teachers.

Accordingly 7,223 vacancies were ordered to be filled by allocating the number of posts to each district and applications called from each district employment exchange.

A single judge dismissed a batch of petitions challenging the G.O. On appeal, a Division Bench struck down the G.O. on the ground that it violated Article 16 (2).

The present special leave petition by the State is directed against that judgment.

The SLP said when the State experimented with the centralised recruitment process, it led to fall in education standards and as such the present recruitment process could not be said to be violative of Article 16 (2) as held by the High Court.

It sought a direction to quash the impugned judgment and an interim stay of its operation.

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