High Court Orders Statewide Probe into Appointment of Assistant Teachers, Takes Strong Stand Against Fake Documents
Prayagraj: In a significant ruling, the Allahabad High Court has directed a comprehensive investigation into the appointment of assistant teachers across the entire state.
The court has instructed that the inquiry be completed within six months.
It further ordered that if any appointments are found to have been made based on forged documents, such appointments must be cancelled, and the salaries paid to those individuals should be recovered.
The court also directed the Principal Secretary of the Basic Education Department to ensure that the process is completed within the stipulated timeframe.
Along with cancelling illegal appointments and recovering salaries, strict action must also be taken against officials found to be involved in or facilitating such fraudulent practices.
The order was passed by Justice Manju Rani Chauhan while hearing a petition filed by Garima Singh from Deoria.
The petitioner had challenged the order of the Basic Shiksha Adhikari (BSA), Deoria, which had cancelled her appointment as an assistant teacher because her educational and residential documents were forged.
The court observed that despite the state government issuing several circulars and instructions to ensure transparency in the education system, responsible officers have failed to take effective and timely action against illegal appointments.
The court remarked that such inaction not only encourages fraud but also strikes at the very roots of the education system, causing serious harm to students’ interests, which the court described as paramount and of utmost importance.
According to the petition, Garima Singh was appointed as an assistant teacher in July 2010 and had served for nearly 15 years without any complaints.
She contended that the BSA’s order cancelling her appointment was arbitrary and illegal, passed without allowing her to be heard and allegedly based on a complaint by a relative, without following due process.
On the other hand, the state government argued that a notice had been issued to the petitioner, but she neither responded nor produced any documents to prove that the educational and residential certificates submitted at the time of appointment were genuine.
The state further submitted that if a job is obtained through fraudulent documents or by concealing facts, the beneficiary of such fraud cannot seek protection or demand an inquiry under the Uttar Pradesh Government Servants Rules, 1999.
After hearing the arguments, when the court began dictating its order, the petitioner’s counsel stated that there was an alternative remedy of appeal available and therefore did not wish to press the writ petition.
The court rejected this request, stating that when the petition was based on the ground of denial of an opportunity of hearing, the existence of an alternative remedy does not bar the court from hearing the matter.
Dismissing the petition, the court firmly stated that there can be no compromise with the quality and integrity of education provided to children.
It reiterated its direction to the Principal Secretary of Basic Education to conduct a thorough, statewide and time-bound investigation into the appointments of assistant teachers.
The court further observed that in many cases, individuals continue in service for years through open collusion with school managements and, in several instances, with the involvement or silent consent of the concerned BSAs.
It ordered strict action against officials who are found to be complicit in such fraudulent appointments.
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