Nishoo Singh vs. Anand Kumar Yadav

TTEM NO. $1503$ COURT NO.10 SECTION XT (For Judgment) SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO.9529 OF 2017 (Arising out of SLP(C)No.32599 of 2015) Petition(s) for Special Leave to Appeal (C) No(s). 32599/2015 STATE OF U.P & ANR. ETC. Appellant $(s)$ VERSUS ANAND KUMAR YADAV & ORS. ETC. Respondent(s) WITH CIVIL APPEAL NO.9531-9542 OF 2017 (Arising out of SLP(C) No. 33328-33339/2015) (XI) CIVIL APPEAL NO.9544 OF 2017 (Arising out of SLP(C) No. 36019/2015 (XI) CIVIL APPEAL NO.9545 OF 2017 (Arising out of S.L.P.(C).19097 of 2017 @ CC No. 1621/2016 (XI) CIVIL APPEAL NO. 9557 OF 2017 (Arising out of SLP(C) No. 34093/2015 (XI) CIVIL APPEAL NO.9576 OF 2017 (Arising out of SLP(C) No. 36016/2015 (XI) CIVIL APPEAL NO.9571 OF 2017 (Arising out of SLP(C) No. 36033/2015 (XI) CIVIL APPEAL NO.9574 OF 2017 (Arising out of SLP(C) No. 36009/2015 (XI) CIVIL APPEAL NO.9575 OF 2017 (Arising out of SLP(C) No. 36031/2015 (XI) CIVIL APPEAL NO.9573 OF 2017 (Arising out of SLP(C) No. 36032/2015 (XI) CIVIL APPEAL NO.9572 OF 2017 (Arising out of SLP(C) No. 36007/2015 (XI) Signature Not Verified AH SUBJECT LAPPEAL NO.9584 OF 2017 ^17:13:37<br>Reaso(Arising out of SLP(C) No. $36014/2015$ (XI) CIVIL APPEAL NO.9581 OF 2017 (Arising out of SLP(C) No. 33235/2015 (XI)

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CIVIL APPEAL Nos.9740-9743 OF 2017 (Arising out of SLP(C) Nos. 10224-10227/2016 (XI) CIVIL APPEAL NO.9745 OF 2017 (Arising out of S.L.P.(C)No.19147 of 2017 @ CC No. 19839/2016) (XI) W.P.(C) No. 120/2016 (X) W.P.(C) No. 124/2016 (X) W.P.(C) No. 149/2016 (X) CIVIL APPEAL Nos.9746-9747 OF 2017 (Arising out of SLP(C) No. 19837-19838/2016 (XI) W.P.(C) No. 188/2016 (X) W.P.(C) No. 158/2016 (X) W.P.(C) No. 176/2016 (X) W.P.(C) No. 215/2016 (X) W.P.(C) No. 206/2016 (X) CIVIL APPEAL NO.9748 OF 2017 (Arising out of S.L.P.(C)No.19148 of 2017 @ CC No. 9624/2016 (XI) W.P.(C) No. 244/2016 (X) CIVIL APPEAL NO.9749 OF 2017 (Arising out of S.L.P.(C)No.19155 of 2017 @ CC No. 10257/2016 (XI) W.P.(C) No. 276/2016 (X) W.P.(C) No. 287/2016 (X) CIVIL APPEAL NO.9751 OF 2017 (Arising out of S.L.P.(C)No.19156 of 2017 @ CC No. 14277/2016 (XI) CONMT.PET.(C) No. 453/2016 In C.A. No. 4347-4375/2014 W.P.(C) No. 605/2016 (X) CIVIL APPEAL NO.9752 OF 2017 (Arising out of S.L.P.(C)No.19158 of 2017 @ CC No. 14057/2016 (XI) CIVIL APPEAL NO.9753 OF 2017 (Arising out of S.L.P.(C)No.19159 of 2017 @ CC No. 14058/2016 (XI) CIVIL APPEAL NO.9754 OF 2017 (Arising out of S.L.P.(C)NO.19160 of 2017 @ CC No. 15298/2016) (XI) CIVIL APPEAL NO.9755 OF 2017 (Arising out of S.L.P.(C)No.19161 of 2017 @ CC No. 15910/2016 (XI) W.P.(C) No. 826/2016 (X) CONMT.PET.(C) No. 781/2016 In C.A. No. 4347-4375/2014

W.P.(C) No. 915/2016 (X) Cont. Pet.(C)No.928 of 2017 in W.P.(C)No.167 of 2015 (X) Date : 25-07-2017 These matters were called on for pronouncement of judgment today. For Appellant(s)/ Petitioner(s) Ms. S. Janani, AOR Mr. Amit Pawan, AOR Ms. Anjani Kumar Mishra, AOR Mr. Satyajeet Kumar, AOR Dr. Vinod Kumar Tewari, AOR Mr. Md. Rashid Saeed, AOR Mr. Deepak Anand, AOR Mrs. Kirti Renu Mishra, AOR Mr. Shovan Mishra, AOR Mr. Rajesh Srivastava, AOR Mr. Hemal Kiritkumar Sheth, AOR Mr. M. R. Shamshad, AOR Mr. Sanjay Kumar Tyagi, AOR Mr. Praveen Swarup, AOR Mr. Prakash Ranjan Nayak, AOR Mr. Raj Kishor Choudhary, AOR Dr. Kailash Chand, AOR Mr. Ram Swarup Sharma, AOR Mr. R. D. Upadhyay, AOR Mr. R. P. Gupta, AOR Dr. Rajeev Sharma, AOR Mr. Rahul Gupta, AOR Ms. Bina Gupta, AOR Ms. Rashmi Nandakumar, AOR Mr. Fuzail Ahmad Ayyubi, AOR Mr. Narender Kumar Verma, AOR Ms. Pragya Baghel, AOR Mr. G. Balaji, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Ajay Kumar Srivastava, AOR Mr. V. N. Raghupathy, AOR Mr. K. L. Janjani, AOR Mr. Mohan Lal Sharma, AOR Mr. S. R. Setia, AOR Mr. R. Gopalakrishnan, AOR Mr. Rabin Majumder, AOR Mr. Prakash Kumar Singh, AOR Ms. Ranjeeta Rohatgi, AOR Mr. Kundan Kumar Lal, AOR Mr. Aftab Ali Khan, AOR

For Respondent(s) Ms. Asha Gopalan Nair,Adv. Ms. Kamakshi S. Mehlwal, AOR Mr. Rajesh Srivastava, AOR Mr. Balraj Dewan, AOR Ms. Charu Mathur, AOR Mr. Amit Pawan, AOR Mr. M. R. Shamshad, AOR Mr. Fuzail Ahmad Ayyubi, AOR Mr. Hemal Kiritkumar Sheth, AOR Mr. Abhisth Kumar, AOR Mr. Satyajeet Kumar, AOR M/s Aura & Co. Mr. R. P. Wadhwani, AOR Mr. Ravi Prakash Mehrotra, AOR Mr. Gurmeet Singh Makker, AOR

Hon'ble Mr. Justice Adarsh Kumar Goel pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice Uday Umesh Lalit.

Permission to file the special leave petition(s) is granted. Delay, if any, is also condoned.

Leave granted in the special leave petitions.

In terms of the signed Reportable Judgment, these matters are disposed of:

"25. On the one hand, we have the claim of 1.78 Lakhs persons to be regularized in violation of law, on the other hand is the duty to uphold the rule of law and also to have regard to the right of children in the age of 6 to 14 years to receive quality education from duly qualified teachers. Thus, even if for a stop gap arrangement teaching may be by unqualified teachers, qualified teachers have to be ultimately appointed. It may be permissible to give some weightage to the experience of Shiksha Mitras or some age relaxation may be possible, mandatory qualifications cannot be dispensed with. Regularization of Shiksha Mitras as teachers was not permissible. In view of this legal position, our answers are obvious. We do not find any error in the view taken by the High Court.

26. Question now is whether in absence of any right in favour of Shiksha Mitras, they are

entitled to any other relief or preference. In the peculiar fact situation, they ought to be given opportunity to be considered for recruitment if they have acquired or they now acquire the requisite qualification in terms of advertisements for recruitment for next two consecutive recruitments. They may also be given suitable age relaxation and some weightage for their experience as may be decided by the concerned authority. Till they avail of this opportunity, the State is at liberty to continue them as Shiksha Mitras on same terms on which they were working prior to their absorption, if the State so decides.

27. Accordingly, we uphold the view of the High Court subject to above observations. All the matters will stand disposed of accordingly."

Pending applications, if any, shall also stand disposed

of.

(MAHABIR SINGH) (VEENA KHERA) COURT MASTER ASSISTANT REGISTRAR (Signed Reportable judgment is placed on the file)