Excluding ‘Sikhya Providers’ from age relaxation in govt jobs arbitrary: HC

The Punjab and Haryana High Court has made it clear that “Sikhya Providers” under the Sarva Shiksha Abhiyan (SSA) are entitled to age relaxation in a government recruitment process. The Bench of Justice Sureshwar Thakur and Justice Vikas Suri also made it clear that their exclusion was arbitrary. The court observed that their employment under a centrally funded scheme, implemented by the State, made them eligible for benefits at par with state government employees.

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Allowing petitions filed by the “Sikhya Providers” through advocates Bikramjit Singh Patwalia, Gaurav Jagota and Vivek Sharma, the Bench held them entitled to selection for the posts. The authorities concerned were also directed to issue appointment letters against available vacancies.

“It is clarified that in case the posts are not vacant, their seats be reserved/be kept in the waiting list vis-à-vis upcoming vacancies as and when they occur, which but are expected to occur in the shortest possible time. The elongated period of time wherein the instant writ petition remained subjudice, may not stand in the way of the respondents implementing the directions,” the Bench ruled.

The petitioners, engaged as Sikhya Providers between 2005 and 2009 under SSA, had applied for posts of Masters and Mistresses in Hindi, Punjabi, and Social Studies under the ex-servicemen (general) category in response to a 2020 advertisement. They cleared the merit list but were denied appointments, while lower-ranked candidates secured selection. The authorities cited their non-recognition as government employees, while denying them the upper-age relaxation of 45 years.

The court noted that SSA was initiated by the Government of India, with state governments executing the scheme. The recruitment process involved rigorous screening, including written tests and interviews, ensuring that only qualified candidates were engaged. The petitioners had been granted an exemption from the Punjab State Eligibility Test via a corrigendum in 2020, reinforcing their legitimacy as educators within the system. The court held that their service experience, acquired over years of teaching, should not be discounted in determining eligibility for government employment.

Referring to the constitutional objective of Article 21-A guaranteeing free and compulsory education for children, the court asserted that denying relief to the petitioners undermined the fundamental right to education.

The Bench held the exclusion of Sikhya Providers from age relaxation benefits discriminatory and contrary to the scheme’s intent. The court observed that their sustained contribution to the education system, often in remote and underprivileged areas, was an essential public service that should be acknowledged through equitable employment policies.