Allahabad High Court Rejects EWS Reservation for UP Assistant Teacher Recruitment

The Allahabad High Court has delivered a verdict refusing to extend the benefit of reservation under the Economically Weaker Sections (EWS) category for the recruitment of 69,000 assistant teachers conducted in 2020. The decision stems from the fact that the recruitment process was initiated prior to the enactment of relevant legislation.

Background:
In response to the enactment of the Uttar Pradesh Public Services (Reservation for EWS) Act, 2020, published in the Gazette on August 31, 2020, the court deliberated on extending EWS reservation benefits. However, Section 13 of the Act explicitly states that it does not apply to selection processes initiated before its commencement.

Court's Decision:
Dismissing a series of writ petitions, Justice Saurabh Shyam Shamshery noted that the recruitment process for 69,000 assistant teachers in Uttar Pradesh commenced on May 16, 2020, preceding the enactment of the EWS Act. Thus, the savings clause under Section 13 dictates that the Act's provisions are inapplicable to this scenario.

The court emphasized that the selection process would be governed by pre-existing laws and government orders. Despite the petitioners obtaining EWS certificates pursuant to the 103rd amendment in the Constitution of India, seeking 10% reservation, they were not selected due to lower merit during the completion of the selection process.