HC fines 6,400 petitioners for initiating 'luxury litigations'

Prayagraj: The Allahabad high court has imposed a fine of Rs 100 each on 6,400 petitioners for filing a petition related to the Teachers Eligibility Test-based selection process, a matter that had already been decided by the Supreme Court. The HC described such cases as instances of ‘luxury litigation'.

A single bench of Justice Saurabh Shyam Shamshery in its April 4 order noted that the apex court had decided the matter in the State of UP and others Vs Shiv Kumar Pathak and others in 2017.

Dismissing the petitions, the court observed, "In present circumstances, court is constraint to observe that these litigations appear to be luxury litigations since issues raised in present bunch of writ petitions have already been settled by Supreme Court in Shiv Kumar Pathak (supra) and petitioners (6402 in numbers) in all writ petitions were also conscious of these facts, and decision of Shiv Kumar Pathak (supra) still they have filed present writ petitions, therefore, all Writ petitioners shall pay Rs.100/- each as cost since these litigations has wasted crucial time of this Court."

The bench noted that the Supreme Court had settled the issue of using TET marks as the sole criterion for selection. With 66,655 teachers already appointed, the apex court ruled that further recruitment should follow a fresh advertisement. As the petitioners' plea contradicted this ruling, the high court rejected their request.

A group of writ petitions was filed by candidates who had qualified the TET (primary level) Examination in 2011, with results announced in 2011 and 2015. The petitioners sought a directive to the respondents/state govt to initiate the selection process as per a fresh advertisement dated Dec 7, 2012, issued by the UP basic education department for selection.

They said the test results declared in 2011 and 2015 be quashed and revaluation be done of OMR sheets, disqualifying those who had used whiteners. The counsel for petitioners argued that the judgment in Shiv Kumar Pathak and others case did not bar commencement of selection process as per the advertisement dated Dec 7, 2012. Justice Saurabh Shyam Shamshery held that selection process could not be opened again as appointments made earlier had been protected by the apex court.

The HC added, "The cost shall be paid within a week before High Court Bar Association, Allahabad, and compliance affidavit shall be filed which will be kept in records of this writ petitions. In case of default, Registrar General of this Court is directed to take appropriate steps for recovery from deponent/pairokar of each Writ Petitions."