AGARTALA, July 27(TIWN) : The much spoken interview process of 12000 non-teaching posts under School Education Department , Govt of Tripura has commenced from Thursday , the 27th July. All these posts are mysterious and no where else in India these posts can be found. But Manik Sarkar led CPI-M Govt and Tapan Chakraborty led Education Department in a really surprising attempt created these 12000 non-teaching posts and proudly declared that state govt has made separate Recruitment Rules(RR) to appoint these posts . But much before the appointment in these posts a sign of warning is already surrounding the state govt.

And all knows that by making compulsory teaching experience for non-teaching posts as requisite qualification state govt made it clear from the very first day that the only motive behind this mysterious posts was to reappoint the 10323 teachers whose jobs were terminated by High Court in 2014 and followed by the upholding of HC verdict by the Supreme Court in 2017 . 

On Tuesday , the 25th of July 2017 1.78 lakh ShikshaMitras' jobs in Uttar Pradeahwere quashed by the Supreme Court of India for not holding adequate qualifications as fixed by Centre under Right of Children to Free and Compulsory Education Act.

A bench of Justices AK Goel and UU Lalit held that their jobs could not be regularized at the cost of fundamental right of children to free quality education by duly qualified teachers. The court, however, said that they should be given opportunity to be considered for recruitment as teachers if they have now acquired the requisite qualification. It also allowed the state government to continue them as ShikshaMitras on same terms on which they were working prior to their absorption.

"On the one hand, we have the claim of 1.78 lakhs persons to be regularized in violation of law, on the other hand is the duty to uphold the rule of law and also to have regard to the right of children in the age of 6 to 14 years to receive quality education from duly qualified teachers. Thus, even if for a stop gap arrangement teaching may be by unqualified teachers, qualified teachers have to be ultimately appointed. It may be permissible to give some weightage to the experience of ShikshaMitras or some age relaxation may be possible, mandatory qualifications cannot be dispensed with. Regularization of ShikshaMitras as teachers was not permissible," the bench said.

The court held that appointment of ShikshaMitras in Uttar Pradesh  was not as per qualification prescribed for a teacher and they could not be regularized as teachers. "Regularization could only be of mere irregularity," it said.

"In view of our conclusion that the ShikshaMitras were never appointed as teachers as per applicable qualifications and are not covered by relaxation order under Section 23(2) of the RTE Act, they could not be appointed as teachers in breach of Section 23(1) of the said Act. The State is not competent to relax the qualifications," the division bench of the apex court said.

In a the judgement given on Tuesday the Apex court categorically mentioned ,"We are unable to agree that even unqualified teachers ought to be allowed to continue ignoring the legislative mandate or that we should exercise our jurisdiction under Article 142 to undo the said mandate. Consideration for career of 1.78 lakh ShikshaMitras, over and above their legal right, cannot be at the cost of fundamental right of children to free quality education by duly qualified teachers in terms of legislative mandate ."

If one takes into consideration of the recent verdict of Supreme Court regarding the termination of 1.78 lakh ShikshaMitras jobs in UP  the same situation may harass the govt of Tripura if some one files a case in the much spoken 12000 non-teaching posts. Similar situations are now found in both cases. Govt of Uttar Pradesh(under Akhilesh Singh Yadav) did not pay heed to the judgement given by Allahabad High Court . And here also state govt of Tripura did not pay heed to High Court's verdict. As a result of which both the govt lost the respective cases .