Allahabad High Court: Failure to Appoint Teachers & Principals Violates Fundamental Right to Education

Post By 24law
February 4, 2025

Pranav B Prem

The Allahabad High Court has held that the lack of teaching and non-teaching staff in schools across Uttar Pradesh, particularly in junior high schools, is a violation of the fundamental Right to Education. The Court made this observation while hearing a writ petition filed by Krishi Audyogik Vidyalaya Aau, a junior high school, which had approached the Court due to the non-appointment of staff in sanctioned positions.

Court’s Observation on Violation of Fundamental Rights

A Bench of Justice Prakash Padia emphasized, “It is well known fact throughout the State of U.P. that the students are suffering due to non-availability of Principals and Assistant Teachers. In so far as present case is concerned, it is clear that inspite of the repeated request made by the institution till date the necessary orders were not passed by the authorities to fill up the posts of Principal and Assistant Teacher. The right to education is a fundamental right, and from perusal of the facts as narrated above, it is clear that the respondents are violating the fundamental rights guaranteed to the citizens under the Constitution of India.” The petition disclosed that several key positions at the school, including one Headmaster, two Assistant Teachers, one Clerk, and two Class-IV employees, have remained vacant since June 2022, severely affecting the students' education.

Delay in Recruitment and State’s Inaction

The Court noted that the delay in recruitment persists despite repeated directions. In a previous hearing on December 10, 2024, the Court had expressed dissatisfaction with the State Government’s failure to establish a concrete timeline for appointments. The Bench had observed that the high number of vacancies was compromising the quality of education, yet no progress had been made in addressing the issue. The State Government had sought a report from the Director General of Schools, Education, Uttar Pradesh, but no response had been received. Despite multiple letters requesting a clear proposal, no substantive action had been taken.

Court’s Directions to Director General of Education

Taking serious note of the matter, the Court has directed the Director General of School Education, Uttar Pradesh, to file a personal affidavit within ten days, explaining the delay in submitting the necessary report to the State Government. The Court instructed, "Director General of School Education, Uttar Pradesh, Lucknow is directed to file his personal affidavit within a period of ten days from today regarding the delay on his part in submitting his report pursuant to the letters written by the State Government as stated above." Additionally, the Registrar (Compliance) has been directed to ensure that a copy of the order is communicated to the Director General of Education, Uttar Pradesh, through the Special Secretary, Uttar Pradesh Government, within 24 hours.

Prior Developments in the Recruitment Process

The Court was informed that, in compliance with the Government Order dated December 4, 2019, vacancies for the posts of Principal and Assistant Teacher were to be filled based on recommendations received from the District Education Officer through the Director of Basic Education, Uttar Pradesh. The Directorate had issued instructions to all District Basic Education Officers to provide a list of vacant posts in non-government aided junior high schools.

In pursuance of this, the Directorate issued letters dated November 2, 2020, and February 13, 2021, requesting the Examination Regulatory Authority of Uttar Pradesh, Prayagraj, to conduct an examination for 390 Principal posts and 1507 Assistant Teacher posts. While the examination was conducted and results declared, multiple writ petitions challenged the results, leading to interim orders passed by the Court on December 1, 2022, and March 22, 2023. These petitions were ultimately dismissed on February 15, 2024. Further delays occurred due to the enforcement of the General Election notification and subsequent inter-departmental consultations. The Court was informed that, as of July 1, 2024, the Director General of School Education, Uttar Pradesh, had submitted a considered proposal. However, the recruitment process remained stalled due to the need for financial and legal approvals from the Finance and Law Departments.

The Court has scheduled the next hearing for February 17, 2025, awaiting the State’s response on the appointment of staff and the reasons for the continued delay. The matter will be taken up as a fresh case on the scheduled date.

Cause Title: C/M Krishi Audyogik Vidyalaya Aau & Anr. v. State of U.P. & Ors.