The Bench of Justice Ashok Bhushan on Thursday has issued notice to the Uttar Pradesh government and asked it to respond within 8 weeks.
The top court was hearing an appeal of the Management Committee of National Inter College in Bulandshahar against an Allahabad High Court order which had upheld the government’s action.
The Bench has also refused to stay the Allahabad High Court order, saying “The prayer for interim relief to stay the judgment dated April 22, 2020, is rejected.”
“The state government order interferes with its right of management guaranteed under Article 30 of the Constitution and the amendment must, therefore, be declared ultra vires,” the petition stated.
The Uttar Pradesh government on March 12, 2018, had issued an order stating that the Governor had approved an amendment under the UP Intermediate Education Act and now the selection of teaching staff would be monitored by a private recruitment agency, through the Joint Director of Education (JDE) or the District Inspector of Schools (DIOS), which would recommend five names for each vacancy to the college management, who would then conduct an interview and accordingly make the appointment.
The government order specified that all application forms were to go through the JDE or DIOS depending on whether the selection was for the post of Headmaster of the institution or for a teacher respectively. It added that the agency would conduct a written test, or a screening test, constituting 90 marks of the evaluation while the interview process would be worth 10 per cent of the selection process.
“Vesting power of appointment in hands of an unidentified or undefined Private Recruitment Agency to conduct 90 per cent of the recruitment process while granting the management committee liberty to be involved with regard to only 10 per cent of the assessment encroaches upon the right to management available to minority institutions,” added the plea. (ANI)