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PANKAJ MITHAL, S. V. N. BHATTI
Sunil Kumar Yadav – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. ssa engages contractual para-teachers for rte implementation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. para-teachers claim regularisation by seniority and tet. (Para 6 , 10) |
| 3. contractual engagement confers no regularisation right. (Para 7 , 11 , 12 , 13 , 16) |
| 4. hc rejects regularisation of scheme para-teachers. (Para 8 , 17) |
| 5. umadevi bars court-mandated irregular appointment regularisation. (Para 14 , 15) |
| 6. statutory rules reserve 50% vacancies for para-teachers. (Para 18 , 19) |
| 7. equal pay requires identical duties and responsibilities. (Para 20) |
| 8. direct timely 50% quota recruitment for para-teachers. (Para 21 , 22 , 23 , 24) |
| 9. prioritise statutory process over blanket regularisation. (Para 25 , 26) |
JUDGMENT :
S.V.N. BHATTI, J.
1. Leave granted.
2. The Sarva Shiksha Abhiyan (“SSA”) is a flagship programmatic intervention by the Government of India, operationalised in partnership with State Governments, to achieve the universalisation of Elementary Education in India. Its jurisprudential foundation is anchored in the Directive Principles of State Policy under Article 45 of the Constitution of India and, subsequently, the Fundamental Right guaranteed under Article 21A1 [Inserted
No judicial mandamus for blanket regularization of scheme para-teachers into cadre posts contrary to Art.309 rules reserving 50% quota; State directed to periodically notify/fill earmarked vacancies ....
The court established that under Article 226 of the Constitution of India, there cannot be a direction for regularization of services. The nature of appointment, acceptance of contractual terms, and ....
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
The court established that the appointment of teachers under the Jharkhand Education Project Council is contingent upon verification of qualifications and approval by the competent authority, and tha....
The court emphasized the principle of equal pay for equal work and mandated reconsideration of petitioners' claims for regularization and pay, acknowledging their qualifications and similar duties co....
Perpetual outsourcing of perennial public functions like school IT education unconstitutional; long-serving teachers entitled to regularization on parity grounds, prohibiting ad-hocism and upholding ....
Regularization of public employment requires adherence to established recruitment processes; negative equality cannot justify irregular appointments.
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