" scored a victory in the EWS reservation debate" ## The Allahabad high court has turned down special appeals aimed at securing reservations for individuals from economically weaker sections (EWS) in a recruitment drive to fill over 69,000 assistant teacher positions within the state.
"HC declines special appeals on initiation of recruitment for 69,000 assistant teachers prior to Economically Weaker Sections quota commencement"
These appeals sprang from the judgment rendered by a single-judge bench, which determined that since the recruitment efforts had already been initiated prior to the EWS reservation's introduction, the petitioners were ineligible for any reliefs.
With a firm stance, a division bench, consisting of Justice Ashwani Kumar Mishra and Justice Praveen Kumar Giri, dismissed all the special appeals associated with the issue and stated: "It's evident that the hiring process has already commenced and concluded. Relevant authorities have presented their personal affidavits, confirming that appointments have been made for all 69,000 announced assistant teacher vacancies."
Further, the court commented, "...Candidate EWS status details were not mandatory on the application form, rendering it difficult to pinpoint those fitting within the EWS category. In the absence of these essential details, preparing a merit list for the EWS candidates becomes a challenge."
The court continued, "Even if we acquire the EWS details now, enforcing the EWS reservation would mean removing 10% candidates from the unreserved category. Since these selected individuals have already been working for multiple years and their appointments are untouched, it's seemingly imprudent for the court to intervene and grant 10% EWS reservation for this specific recruitment process."
Allahabad High Court
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The dismissal of EWS reservation appeals in the recruitment of 69,000 assistant teachers in Uttar Pradesh by the Allahabad High Court can be attributed to several factors:
- Timing of Recruitment Process: The recruitment process began before the introduction of EWS reservation, which was brought forth by the 103rd Constitutional Amendment, denying petitioners the benefit of EWS reservation since the process was initiated before the amendment's implementation[1][4].
- Lack of EWS Details: Candidates were not required to disclose their self-certified income and asset details, implementing hurdles in the identification of candidates falling within the EWS category[1].
- Implementation Challenges: Implementing the 10% EWS reservation would result in eliminating 10% of candidates from the unreserved category, which could produce complications, especially since the selected candidates have already started working, and no complaints regarding their appointments have surfaced[1].
- Court Discretion: The court deemed it inappropriate to alter the recruitment process at a late stage, which would inevitably impact many candidates who have already been appointed[1].
The Allahabad High Court's decision to dismiss special appeals seeking EWS reservation in the recruitment of 69,000 assistant teachers in Uttar Pradesh was influenced by several factors, including the timing of the recruitment process, lack of essential EWS details, implementation challenges, and the court's discretion to avoid altering the recruitment process at a late stage. In the world of politics and policy-and-legislation, this general-news event highlights the complexities involved in implementing socio-economic policies such as EWS reservation. Meanwhile, in the realm of sports, India's cricket team continues to dominate, scoring victories on international fields, a stark contrast to the legal debates unfolding in courts.
