In a case of teacher recruitment in Jharkhand, the Supreme Court has upheld the decision of the High Court while making important remarks. The Supreme Court said that the quality of education cannot be compromised because of reservation. In fact, the Jharkhand government had reserved all the posts of teachers for the scheduled tribes in government schools in 13 scheduled districts. After this, the non-scheduled tribe people had appealed in the Jharkhand High Court. The Supreme Court has also upheld the High Court’s decision.
The Jharkhand High Court in September 2020 had stayed the 2016 order of the state government. Please inform that Ranchi’s name was also in this list of districts. A High Court bench comprising Justices MR Shah and BV Nagarathna had ordered that the education of school going children cannot be compromised by stopping the recruitment of teachers with high merit.
The High Court had not said that fresh recruitment should be done, but the court had said that the merit list should be re-made and tribal and non-tribal teachers should be recruited in Scheduled Caste districts and other districts. Instructions were given to do this recruitment according to the old cutoff list. While pronouncing this order, the High Court had exercised the authority of Article 142. The court had said that if the recruitments that have been made are not retained, then thousands of schools in Jharkhand will be without teachers and ultimately only the students will have to suffer the consequences.
What was the reasoning given by the government?
The state government had put forth the rationale behind this order that if only their local people would be selected to teach tribal children, then the language would be easy to understand. However, the Supreme Court refused to accept this argument. The court said, this is understandable for small classes but this principle cannot be applied to other classes. Children above 5th standard can be taught in any language.
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