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Ram Sharan Maurya and Ors. v. State of U.P.

Civil Appeal · 2020 INSC 646Decided 18 Nov 2020
Civil Appeal No. 3707 of 2020
Justice Uday Umesh Lalit · Justice Mohan M. Shantanagoudar

Background

This case concerns "Shiksha Mitras", para-teachers engaged by Uttar Pradesh at low honorariums to address teacher shortages in primary schools, whose claim to absorption/regularisation as regular assistant teachers had already been rejected in an earlier Supreme Court decision (Anand Kumar Yadav). Following that ruling, the State conducted a fresh selection process for assistant teacher posts using a Teacher Eligibility Test (TET)-linked written examination, and later fixed a cut-off of 65% (general category) and 60% (reserved categories) even after the exam had been conducted. Several groups, Shiksha Mitras, the Shiksha Mitra Association, B.Ed./B.T.C. candidates, and ex-servicemen/persons with disabilities, challenged aspects of this cut-off and selection process before the Allahabad High Court, which ruled partly against them, and the matter reached the Supreme Court through multiple connected civil appeals, a writ petition, and a contempt petition, all heard and decided together.

Decision Breakdown

The Supreme Court held that fixing a 65-60% cut-off, even after the examination, was not illegal or arbitrary, noting that even at this cut-off the number of qualified candidates far exceeded available vacancies, and that recruiting authorities have the discretion to set selection criteria aimed at securing the best available teachers. It rejected the Shiksha Mitras' renewed challenge and their request for absorption, which was already foreclosed by the earlier Anand Kumar Yadav decision, and dismissed their appeals, while directing the State to give Shiksha Mitras one further opportunity to compete in the next selection round. The appeals by ex-servicemen and persons with disabilities were dismissed on the same reasoning regarding the cut-off, with any uncarried reserved vacancies to be dealt with as per the applicable rules. The connected writ petition and contempt petition were disposed of on the same terms, and the State was directed to proceed with filling posts based on the already-declared May 2020 result.

Lesson Learnt

A recruiting authority has wide latitude to fix or revise merit cut-offs for public employment selections, even after an examination has been conducted, so long as the decision is not shown to be arbitrary, and courts will generally decline to interfere with such bona fide policy choices.

Official source (sci.gov.in)View Judgment (PDF)

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