Chandigarh, November 17 — In a major relief to hundreds of Sarva Shiksha Abhiyan (SSA) teachers, the Punjab and Haryana High Court has ordered the regularisation of all Union Territory teachers who have completed over ten years of service as of November 14.
The decision came through Justice Jagmohan Bansal, who ruled that the absence of vacant posts or a formal policy cannot be used as grounds to deny regularisation to deserving teachers who were appointed through a transparent recruitment process.
Court Gives Six Weeks for Compliance
The Bench directed the Union of India and other respondents to complete the regularisation process within six weeks. It further said that if the instructions are not implemented within the prescribed timeframe, the teachers will stand “deemed regularised” automatically.
Significantly, the ruling applies not only to the petitioners in seven related cases but also to all similarly placed SSA teachers in Chandigarh, ensuring uniform relief across the cadre.
“To avoid future similar petitions and save valuable time, energy and resources of litigants as well as this court, the respondents are directed to extend the benefit of this judgment to all similarly situated teachers,” the order stated.
Teachers Worked for Nearly Two Decades
The Bench observed that most SSA teachers in Chandigarh have been serving since 2005, some for almost two decades. It noted that these appointments were made strictly through merit-based selection — identical to the procedure followed for regular government teachers.
Justice Bansal emphasized that the petitioners “were appointed after following due procedure” and that they “cannot be denied regularisation merely due to the absence of sanctioned posts or policy.”
Transparent Recruitment and Due Process
The Court highlighted that the teachers were hired following advertisements issued by the SSA Society under the UT Administration. The selection process allotted 100 marks for academic qualifications, written examinations, teaching experience, and interview performance.
Candidates were mandated to meet all eligibility criteria, including age limits, qualifications, medical fitness, and police clearance. The Court held this as evidence of a transparent and fair recruitment system, ruling out any possibility of “backdoor entry.”
Centre’s 2021 Denial Overturned
This ruling overturns the Government of India’s 2021 decision that had rejected Chandigarh Administration’s request to regularise SSA teachers. The High Court found that the Centre’s stand lacked merit, especially since teachers were appointed through a legally sound process sanctioned by the Project Approval Board.
The Court further remarked that precedents cited by the government regarding irregular appointments were not applicable here, as the SSA teachers were appointed in full compliance with Articles 14 and 16 of the Constitution.
Background of SSA Appointments
The Sarva Shiksha Abhiyan (SSA) was launched as a nationwide initiative to achieve universal elementary education in collaboration with States and Union Territories. Under the approved scheme, UTs were required to recruit additional teachers to maintain the pupil–teacher ratio mandated under the Right to Education Act.
For Chandigarh, 1,375 teaching posts were sanctioned across different meetings of the Project Approval Board under the Ministry of Human Resource Development. The UT Administration had repeatedly urged the Centre to regularise these teachers, citing decades of service and the need for stability in elementary education.
Legal Counsel
The petitioners were represented by senior advocates DS Patwalia, Gurminder Singh, and Akshay Bhan, along with Harpriya Khaneka, Ayush Gupta, AS Rawaley, Mahipal S. Yadav, Kulbir Singh Sekhon, and Dinesh Kumar Jangra.
UT Administration was represented by senior standing counsel Amit Jhanji, assisted by Himanshu Arora, Madhu Dayal, and Abhishek Premi.