Breather for State Government as SC allows over 3,600 high school teachers to continue in service, next hearing on Nov 4

New Delhi: The Supreme Court Wednesday granted interim relief to over 3,600 teachers in Jharkhand by allowing them to continue in service as it sought response from the state government on pleas challenging the high court decision which had quashed its "employment policy-2016".

The Jharkhand High Court on September 21 quashed the policy which prescribed 100 per cent reservation for 10 years in grade III and grade IV government jobs for local residents in 13 scheduled districts.

It had also quashed the appointment process initiated nearly four years ago to recruit 8,423 assistant high school teachers in government owned schools in the districts of Ranchi, Khunti, Lohardaga, Gumla, Simdega, Latehar, East Singhbhum, West Singhbhum, Seraikela-Kharsawan, Sahibganj, Dumka, Pakur and Jamtara.

It had declared as null and void the appointment of over 3,600 teachers done till now, against the total of 8,423 posts.

A bench comprising Justices Ashok Bhushan, R S Reddy and M R Shah issued notice on a batch of pleas challenging the high court order and asked the petitioners to serve the copy of the pleas to be served on standing counsel for Jharkhand.

The top court said that looking at the nature of issues involved in the matter, it is of the view that the matter needs early consideration and listed the plea along with intervention applications for further hearing on November 4.

In the meantime, those teachers, who are working in the scheduled district shall continue to work and shall not be displaced in pursuance of the impugned judgment of the high court. Interim relief till the next date of hearing, the bench said.

The top court also allowed intervention applications filed in the matter and asked the intervenors to file their affidavit within two weeks.

Senior advocates Mukul Rohatgi, P S Patwalia and advocate Prashant Shukla, appearing for the petitioner Satyajit Kumar and others, said the high court in its verdict had relied on this year's Constitution bench verdict in the case of Chebrolu Leela Prasad Rao Versus Andhra Pradesh in which it was held that 100 per cent reservation cannot be given to Schedule Tribes in schedule areas.