Allahabad High Court
UTTAR PRADESH SHIKSHA MITRA WELFARE ASSOCIATION AND 243 OTHERSversusUNION OF INDIA AND 6 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court directed the petitioners to submit individual representations and ordered the respondent to consider their regularisation claims within six months, issuing a reasoned order.
Summary
The petitioners, a group of Shiksha Mitras employed on a contractual basis in primary schools under the Board of Basic Education Uttar Pradesh, sought a direction for their regularisation as Assistant Teachers. They relied on several Supreme Court judgments and a Ministry of Education direction that mandated consideration of such regularisation claims. The respondents argued that the large number of petitioners would require considerable time to process. The Court noted the precedents and directed each petitioner to file a separate, detailed representation before the Additional Chief Secretary, Basic Education, within three weeks. It further ordered the respondent to endeavour to decide the regularisation claims within six months, issuing a reasoned order after hearing the parties.
Issues considered
- Whether Shiksha Mitras employed on a contractual basis are entitled to regularisation as regular Assistant Teachers under the directives of the Supreme Court and the Ministry of Education.
- Whether the State must entertain fresh applications for regularisation in view of the cited judgments.
- Whether the respondents can defer consideration of the regularisation claims due to the large number of petitioners.
Subjects
- regularisation
- Shiksha Mitra
- Assistant Teacher
- employment law
- government order
- writ petition
- education sector
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6903 of 2026
Uttar Pradesh Shiksha Mitra Welfare Association And 243
Others
.....Petitioner(s)
Versus
Union Of India And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satyendra Chandra Tripathi
Counsel for Respondent(s) : A.S.G.I., Akhilesh Kumar Sharma, C.S.C.,
Shivendra Kumar Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioners, Mr. Vivek Singh, learned counsel for
respondent no.1, learned Standing Counsel for the State-respondent nos. 2 & 5, Mr.
Shivendra Kumar Singh, learned counsel for respondent nos.3, 4 & 7 and Mr. Vansh
Gopal Mishra holding brief of Mr. Akhilesh Kumar Sharma, learned counsel for
respondent no.6.
2. By means of filing the present petition, 244 petitioners have approached this Court
with the prayer to direct the respondents to take decision for regularization/absorption
of petitioners who are working as Shiksha Mitra as regular Assistant Teachers of
primary school run by Board of Basic Education Uttar Pradesh, Prayagraj by creating
substantive post and also pay salary in the light of observations made in the judgment
of the Hon'ble Supreme Court in Jaggo vs. Union of India and Others, as reported
in 2024 SCC Online SC 3826, Shripal and Another vs. Nagar Nigam Ghaziabad,
reported in 2025 SC Online 221 and Dharam Singh and Others vs. State of U.P.
and Another, reported in 2025 SCC Online SC 1735 and also taking into
consideration the direction dated 11.06.2025 as issued by the Ministry of Education,
Government of India and a further prayer to direct the respondent no.2 to accept the
fresh applications from the petitioners for the grievances mentioned in the aforesaid
prayer no.1 in view of the judgment dated 09.03.2026 passed by Hon'ble Court in
Writ-A No.3236 of 2026 (Tej Bahadur Maurya and 114 Others vs. Union of India and
5 Others), and judgement dated 17.04.2026 passed in Writ-A No. 5469 of 2026
(Awadhesh Kumar and 419 and others v. Union of India and others).
3. Learned counsel for the petitioners submits that earlier in the case of Tej Bahadur
Maurya And 114 Others vs. Union of India And 5 Others (Writ-A No.3236 of
2026), the Court has directed the Additional Chief Secretary Basic Education (U.P.),
Lucknow to look into the grievance of the petitioners therein for regularization on the
post of Assistant Teacher. He has also placed reliance upon a judgment and order
WRIA No. 6903 of 2026
2
passed in Writ-A No.18081 of 2021 (Kafi Ahmed Khan vs. State of U.P. and 2
Others), wherein the petitioners who were working with the Nagar Nigam, Bareilly
on daily wage basis have sought regularization in the light of judgments passed by the
Apex Court as referred above including Bhola Nath vs. State of Jharkhand and
Others, reported in 2026 SCC Online SC 129, wherein the Court while allowing the
writ petition, has directed the Nagar Ayukt, Nagar Nigam, Bareilly to consider the
claim of regularization of the petitioners therein and has granted four months' time for
completion of entire exercise. In view of the above, the learned counsel for the
petitioner submits that the petitioners are also entitled to be considered for
regularization.
4. Learned counsel for respondents submit that the Shiksha Mistra are large in
number, therefore, a considerable time is required to pass appropriate orders while
considering the claim for regularization of the Shiksha Mitra.
5. Considering the facts and circumstances of the case, the present writ petition is
disposed of with a direction that each of the petitioners shall submit a separate and
comprehensive representation/objection before respondent no.2-Additional Chief
Secretary, Basic Education, Government of U.P., Lucknow, along with all the
documents, as advised within a period of three weeks from today. Upon receipt of
such representations, the respondent no.2 shall make all endeavours to consider the
claim of regularization of the petitioners, in accordance with law, keeping in mind the
observations made by the Hon'ble Supreme Court as well as this Court in the cases as
mentioned above, by means of reasoned and speaking order, after giving proper
opportunity of hearing to the parties concerned, as expeditiously as possible,
preferably within a period of six months from the date of production of certified copy
of this order.
May 7, 2026
DS
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
DIGAMBER SINGH
High Court of Judicature at Allahabad
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