Allahabad High Court

Allahabad HC interdicts UP govt from establishing educational tribunal without court’s permission; asks state govt to talk to protesting bar associations

THE Allahabad High Court Wednesday interdicted the Uttar Pradesh government from establishing educational tribunals without the permission of the court.

It, however, allowed the legislature to complete the process of enacting the “Uttar Pradesh Service Tribunal Act, 2021” if it so desired.

The order came to be passed after the matter was taken up suo motu as a strike by the  High Court Bar Association, Allahabad and Awadh Bar Association, High Court, Lucknow against the proposed enactment brought court functioning to a standstill.

The Act seeks to establish a tribunal for expeditious disposal of service cases relating to teaching and non-teaching staff of educational institutions receiving aid under the Uttar Pradesh State Universities Act, 1973.

As per the proposed enactment, the headquarters of the tribunal will be at Lucknow with a bench at Prayagraj.

The tribunal will have a chairperson with the discretion to determine the days of sitting of the tribunal at Lucknow and Prayagraj to adjudicate cases coming before it.

The fundamental grievance of two associations with regard to the establishment of the tribunal is that it will not satisfy the object of expeditious disposal of service matters.

According to the Allahabad High Court Bar Association, having the principal seat of the tribunal at any place other than Prayagraj, will not serve any purpose given the seriousness of service matters relating to teaching and non-teaching staff of non-governmental educational institutions pending consideration at Allahabad.

Directing that the Chief Justice be requested to constitute appropriate dedicated benches at Allahabad and Lucknow for expeditious disposal of service matters related to teaching and non-teaching staff of aided institutions, the high court bench led by Justice Govind Mathur directed the state government to invite representatives of the bar associations for deliberations with regard to their demands.

It said the pendency of service matters to be adjudicated by the proposed tribunal were not that many; the total pendency of the service matters in question in Allahabad was 33,290 and 15,003 in Lucknow.

The pendency of service matters in question could be effectively reduced by constituting special bench/benches for the purpose, the court added.

Read the Order