UDAY UMESH LALIT,J. - (1.) These Contempt Petitions inter alia seek enforcement of interim orders dated 17.12.2014, 25.2.2015 and 7.12.2015 and the judgment and final order dated 25.7.20171 passed by this Court in Civil Appeal Nos.4347- 4375 of 2014 and other connected matters.
(2.) The facts leading to the filling of aforesaid Civil Appeals were set out in the judgment and final order dated 25.07.2017 as under: - "4. In the wake of Eighty-Sixth Amendment to the Constitution of India inserting Article 21A for providing free and compulsory education to children of age of 6 to 14 years, the RTE Act was enacted. The RTE Act inter alia lays down qualifications for appointment and terms and conditions of service of teachers. The Central Government in exercise of its powers under Section 23 of the Act, issued Notification dated 31st March, 2010 authorising the NCTE as the "academic authority" to lay down the minimum qualifications for a person to be eligible for appointment as a teacher. The NCTE thereafter issued Notification dated 23rd August, 2010 laying down qualifications for appointment of teachers for elementary education. The NCTE also issued guidelines dated 11th February, 2011 for conduct of Teachers Eligibility Test (TET) and also providing for weightage to the marks in the said test for recruitment of teachers. The 1981 Rules of the State were amended on 9th November, 2011 (the 12th Amendment) to bring the same in consonance with the Notifications dated 23rd August, 2010 and 11th February, 2011. Accordingly, the TET was held on 13th November, 2011 and result thereof was declared on 25th November, 2011. Thereafter on 30th November, 2011, an advertisement was issued for appointment of 'trainee teachers' in primary schools. The candidates submitted their applications. However, the said advertisement was cancelled and a fresh advertisement dated 7th December, 2012 was issued which came to be challenged and has been set aside by the impugned judgment. The justification given by the State of Uttar Pradesh for such cancellation is that the result of TET was influenced by the money consideration. On 31st December, 2011 the amount of several lacs was seized with lists of candidates. FIR No. 675 of 2011 was lodged. Residence of Director of Secondary Education was also searched leading to recovery of certain lists and cash. The State constituted a high powered committee headed by the Chief Secretary on 10th April, 2012 which gave its report dated 1st May, 2012. It was recommended that candidates found involved in any irregularity/criminal activity in the TET examination be prohibited from the selection. The State Government took a decision dated 26th July, 2012 which was followed by 15th Amendment to the 1981 rules on 31st August, 2012 to the effect that instead of giving weightage to the TET marks as per 12th Amendment, the criteria of 'quality point marks' as prevalent prior to 12th Amendment was adopted. This amendment was challenged on the ground that it rendered the rules inconsistent with the NCTE guidelines referred to above. 5. Writ petitions were filed by the affected candidates against the cancellation of advertisement dated 30th November, 2011 and the new advertisement dated 7th December, 2012 incorporating the criteria by way of 15th Amendment to the Rules which was at variance with the guidelines of the NCTE dated 11th February, 2011, supra to the extent that weightage for marks in TET was not contemplated. 6. The Single Judge of the High Court dismissed the writ petitions vide order dated 16th January, 2013 [WP No.39674 of 2012 Akhilesh Tripathi v. State of U.P.]. Appeal against the said judgment has been allowed by the Division Bench by the impugned order. The Division Bench inter alia followed the judgment dated 31st May, 2013 by three Judges (Full Bench) in Shiv Kumar Sharma and Ors. v. State of U.P. and ors., 2013 (6) ADJ 310 The High Court held that the decision dated 26th July, 2012 of the State Government to change the criteria of selection by way of 15th Amendment in the Rules to make TET as a minimum qualification (without giving weightage for the marks in the said qualification as per NCTE guidelines) and cancelling the advertisement dated 30th November, 2011 was not sustainable and that the NCTE guidelines were binding. Accordingly, the State was directed to proceed and conclude the selection as per advertisement dated 30th November, 2011."
(3.) While the challenge was pending in this Court, certain interim orders were passed considering exigencies of the situation and the fact that large number of posts of Assistant Teachers were lying vacant. These interim orders permitted the State Authorities to make appointments on certain parameters which were stated in the interim orders. Those orders were: - (A) By order dated 25.03.2014 it was directed: - "By this interim order, we direct the State of Uttar Pradesh to fill up the vacancies of Assistant Teachers in the schools pursuant to the advertisement issued on 30.11.2011 as per the directions issued by the Division Bench of Allahabad High Court in the case of Shiv Kumar Pathak and Ors. [Special Appeal (Defective) No.237 of 2013] and connected matters as expeditiously as possible at any rate within 12 weeks' time from today. Further, the State in the letter of appointment that will be issued to the successful candidates shall mention that their appointment is subject to the result of the civil appeals that are pending before this Court." (B) The order dated 17.12.2014 noted that despite aforesaid direction, the State had not carried out the appointment process. It was, therefore, observed: - "After hearing the learned counsel for the parties at length on various occasions, we are inclined to modify the order passed on 25th March, 2014, and direct that the State Government shall appoint the candidates, whose names have not been weeded out in the malpractice and who have obtained/secured seventy percent marks in the Teacher Eligibility Test (TET). The candidates belonging to Scheduled Caste/Scheduled Tribe/Other Backward Classes and the physically handicapped persons, shall be appointed if they have obtained/secured sixty-five percent marks. If there is any policy of the State Government covering any other category for the purpose of reservation, it may be given effect to with the same percentage. It shall be mentioned in the appointment letter that their appointment shall be subject to the result of these appeals and they shall not claim any equity because of the appointment, for it is issued on the basis of the direction passed by this Court. .... At this juncture, we must state that the advertisement was issued to fill up 72,825 vacancies in the post of Assistant Teachers, who have to impart education to students of Classes I to V. We have been apprised by the learned counsel for the respondents that there are three lacs posts lying vacant as on today. In this context, we must recapitulate the objects and reasons from the Right of Children to Free and Compulsory Education Act, 2009, ...... The State, as the guardian of all citizens and also with a further enhanced and accentuated responsibilities for the children, has a sacrosanct obligation to see that the children are educated. Almost two thousand years back, Kautaliya had stated that the parents who do not send their children to have the teachings, deserve to be punished. Similar was the climate in England almost seven centuries back. Thus, the significance of education can be well recognized. In such a situation, we cannot conceive that the posts would lie vacant, students go untaught and the schools look like barren in a desert waiting for an oasis. The teacher shall serve the purpose of oasis in the field of education. Hence, the aforesaid directions." (C) The order dated 25.2.2015 took note of the affidavit filed on behalf of the State in which it was indicated that in respect of 72,825 posts of Trainee Teachers, the State had initiated process of counseling and only those candidates who had secured 70% marks amongst General Category Candidates and 65% amongst the Reserved Category Candidates were permitted to participate in the counseling. It was observed by this Court:- "As we find, as of today, 29174 vacancies are available to be filled up. If the persons belonging to Scheduled Casts/Scheduled Tribes/Other Backward Classes have secured 65% marks and their number meets the requirement, the vacancies meant for their quota, shall be filled up by taking into consideration the said percentage. ...... The State Government is directed to issue the public notice within four weeks from today requiring the selected candidates in respect of 29174 vacancies to join and if any candidate fails to join within the stipulated period provided in the public notice, he will forefeit his right of appointment in this selection. To clarify, we may add that the public notice shall be published in widely circulated newspapers and the candidates shall be given three weeks time to join failing which the conditions prescribed hereinabove shall follow." (D) The order dated 02.11.2015 noted as under:- "It is submitted by Mr. Bhatia that keeping in view the order dated 27.07.2015, as against 72825 posts advertised, 43,077 candidates have been appointed, who, after completion of the training till September 2015, are working in praesenti. It is also submitted that 15,058 candidates are undergoing training out of which 8,500 shall be appearing in the examination on 16th and 17th November, 2015 and the rest will be appearing in the examination after completion of their training. In the result, around 14,640 posts still remain vacant." (E) The order dated 07.12.2015 noted submissions of the learned counsel for the State as recorded in the order dated 02.11.2015 and the grievances of some of the candidates that though they had secured more than 70% marks in TET examination in the General Category, they were not being considered. Following direction was thereafter passed:- "At this juncture, we may state that Mr. Bhatia, learned AAG submitted that in pursuance of the direction of this Court on the earlier occasion and prior to that more than 75,000 representations were received and after scanning the same, the State Government has found 12,091 persons eligible for being appointed subject to verification of antecedents. Let the said persons be appointed subject to the said verification within six weeks hence." ;