Introduction:

The Allahabad High Court has rendered a crucial decision on the application of reservation benefits under the Economically Weaker Section (EWS) category for the recruitment of Assistant Teachers in 2020. The court’s judgment centers around the initiation of the selection process before the enactment of the Uttar Pradesh Public Services (Reservation for EWS) Act, 2020. Despite the Act coming into force, the court’s decision weighs the legal implications on the ongoing recruitment proceedings.

Arguments:

The petitioners, who sought EWS reservation benefits, argued that the Constitutional Amendment and subsequent Government Order adopting EWS reservation should apply to the recruitment process initiated after the notifications. They contended that their eligibility for EWS reservation aligns with the State Government’s adoption of this policy in 2019, even though the selection process had begun earlier. On the other side, the respondents emphasized the absence of horizontal EWS reservation during the initial stages of the recruitment process, citing a government order issued post-commencement.

Court’s Judgment:

Justice Saurabh Shyam Shamshery of the Allahabad High Court delved into the intricacies of the Uttar Pradesh Public Services (Reservation for EWS) Act, 2020. The court highlighted the Act’s provision, specifically Section 13, which exempts ongoing selection processes initiated before the Act’s commencement. The judgment reasoned that the Act would not retroactively apply to recruitment proceedings commenced on 16.05.2020, considering the Act’s enactment on 31.08.2020.

The court validated the Office Memorandum dated 18.02.2019, providing 10% reservation to EWS, as deemed issued under Section 7 of the Act. However, the judgment clarified that this validation doesn’t extend to all selection proceedings initiated before the Act’s enforcement. Consequently, the court ruled against extending EWS category benefits to the petitioners in the ongoing recruitment process.