Introduction:

The Allahabad High Court, in a strongly worded observation, criticized the Uttar Pradesh government for the prolonged non-appointment of teaching and non-teaching staff in schools, causing severe setbacks to students’ education. The case, C/M Krishi Audyogik Vidyalaya Aau And Another v. State of U.P. and 3 Others was brought before Justice Prakash Padia by a junior high school facing staff shortages since June 2022. The petition highlighted that vacancies for the Headmaster, Assistant Teachers, Clerk, and Class-IV employees had not been filled despite repeated requests. The Court remarked that the non-availability of teachers and principals had become a statewide issue, leading to compromised educational quality. The government’s failure to act despite multiple meetings and court directions further aggravated the situation. The Court directed the Director General of School Education, Uttar Pradesh, to submit a personal affidavit within ten days, explaining the delay in forwarding the necessary reports. The matter is scheduled for further hearing on February 17, 2025.

Arguments of the Petitioner:

The petitioners, representing the junior high school, argued that the failure to appoint a Headmaster, Assistant Teachers, and other staff had severely affected students’ education. They contended that despite several communications to the education authorities, no concrete steps had been taken to fill the vacancies. The school had been functioning without adequate teaching and non-teaching personnel for nearly three years, impacting students’ learning and overall development. The petitioners also pointed out that repeated representations and reminders to the government had gone unanswered, leaving them with no option but to seek judicial intervention. They further argued that the inaction violated students’ fundamental right to education under Article 21A of the Constitution of India, which guarantees free and compulsory education for children.

Arguments of the State Government:

The State of Uttar Pradesh, represented by government counsel, acknowledged the shortage of teachers and principals in many schools but maintained that steps were being taken to address the issue. The government contended that the appointment process was delayed due to administrative hurdles and ongoing consultations among different departments. It was submitted that letters had been sent to the Director General of Schools, Education, Uttar Pradesh, seeking a detailed proposal on filling vacancies. However, the government admitted that no substantial progress had been made in implementing recruitment plans. The counsel also assured the Court that necessary measures were being taken to expedite the process, and a final report would be submitted soon.

Court’s Judgment:

The Allahabad High Court, after hearing both sides, expressed its disappointment over the continued failure of the authorities to address the issue. Justice Prakash Padia observed that it was a “well-known fact throughout Uttar Pradesh that students are suffering due to the non-availability of Principals and Assistant Teachers.” The Court noted that despite multiple meetings and court observations, the government had failed to take decisive action. Referring to its December 10, 2024, order, the Court reiterated that the delay in filling teaching vacancies was compromising the quality of education. The Court was particularly critical of the Director General of Schools for failing to submit a concrete proposal despite repeated government reminders. As a result, the Court directed the Director General to file a personal affidavit within ten days, explaining the delay in submitting his report. The Court also warned that continued inaction could invite stricter judicial intervention. It emphasized that education is a fundamental right and that the government’s inaction was a direct violation of constitutional mandates. The matter has been posted for further hearing on February 17, 2025.