In a decisive move, the Supreme Court has halted an Allahabad High Court directive that required Uttar Pradesh to seek court approval before establishing Educational Service Tribunals. The apex court, led by Justices BR Gavai and Sanjay Karol, deemed the High Court’s order as an encroachment into the domain reserved for the legislature and executive.
Expressing their views, the bench stated, “The High Court’s direction, mandating the State to establish the Tribunal with court permission, exceeds its rightful jurisdiction. This order encroached upon the legislative and executive domains.” The Supreme Court emphasized that the High Court should assess the case on its merits and clarified that its stay order remains effective until the High Court reaches a final decision.
The case originated in February 2021 when the Uttar Pradesh State Assembly introduced the “Uttar Pradesh Education Service Tribunal Bill, 2021.” The bill aimed to establish a Tribunal for the swift resolution of service cases involving teaching and non-teaching staff in educational institutions under the UP State Universities Act, 1973.
The proposed Tribunal’s headquarters were slated for Lucknow, with an additional bench in Prayagraj (Allahabad). The contentious issue arose when the Allahabad High Court Bar Association (HCBA) and Awadh Bar Association disagreed on the Tribunal’s location, leading to strikes and protests.
The Allahabad HCBA opposed the bill due to its provision for the Tribunal’s principal bench in Lucknow, while the Awadh Bar Association objected to the bifurcation of the Tribunal into two locations. Amid the deadlock, the Allahabad High Court, taking suo motu cognizance, imposed a restriction on establishing Educational Tribunals without prior court approval, citing the disruption caused by the strikes.
Challenging the High Court’s order, the State of UP moved the Supreme Court, arguing that it violated the basic structure doctrine and encroached upon legislative authority. The legal representation included AAG Sharan Thakur, Ms. Sakshi Kakkar, and AOR Mr. Mustafa, advocating on behalf of the State of UP.
In the case labeled as “THE STATE OF UTTAR PRADESH v. IN RE CONSTITUTION OF EDUCATION TRIBUNALS (SUO MOTO), C.A. No. 1424/2024,” the Supreme Court’s intervention underscores the importance of maintaining the separation of powers and upholding legislative prerogatives.
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