Friday, Nov 28, 2014

PIL in High Court seeks conversion of vacant reserved seats into general one

Express News Service | Ahmedabad | Posted: August 5, 2014 4:22 am

A group of youth has filed a Public Interest Litigation (PIL)  in the Gujarat High Court seeking direction to state government for converting the reserved category posts of vidyasahayaks (teaching assistants), which are lying vacant, into general category as the eligible candidates for the reserved category are not available.

The PIL says that even after carrying forward the backlog for a period of more than three years, the post of Vidhyasahayaks in the state-owned primary schools are kept vacant. It has contended that for how long such seats will be carried forward. The matter is likely to be heard on August 12.

The PIL, filed by 44 aspirants of the post, points out the government is not following its resolution passed in 1989 that says that vacant reserved posts must be stipulated and such posts be carried forward as a backlog with clear separation. The petition alleges that some advertisements for the posts of Vidhyasahayaks issued between 2011-12 and 2012-13 were in violation with the resolution.

“There are no rules with respect to carry forward (for how many years reserved posts are required to be carried forward and to treat the same as backlog), therefore, to that extent there is a lacuna,” the PIL says, appealing the court to direct the state to take steps to introduce rules or come out with specific policy with respect to carry forward of reserved post for three years of recruitment.

The PIL argues on two major grounds, “one is right to reservation in public employment and another is right of compulsory education of children up to the age of 14. But when right to reservation in public employment tends to frustrate right to primary education, balance has to be struck without compromising with constitutional fundamentals and ensure that one right does not operate to frustrate another and both operate in tandem.”

The petitioners have submitted that failure of the government to fill up the vacant seats in the subjects of science, mathematics for standard VI to VIII in upper primary education is “arbitrary and untenable and violative of Articles 14 and 16 of the Constitution of India and the Right for Eduction to Free and Compulsory Education Act, 2009.

The petition says, “the children of the State of Gujarat studying in “State” run schools and in grant-in-schools are deprived of compulsory primary education because of non-appointment of teachers due to non-availability of reserved category of teachers.”

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