We(group) want to file a writ petition in supreme court of india against violation of our fundamental right given under article 16 of Indian constitution that guarantee equal opportunity in all govt. jobs?
The cause of action is that many govt department who is directly recruiting or through any agency( such as banks through Ibps) is either recruiting on the basis of marks obtained in 10th, 12th , graduation etc by(for example in uttar Pradesh primary teacher recruitment is being done on the basis of marks obtained in 10, 12, graduation, B.Ed) or keeping minimum marks criteria for applying.
We are fully aware that govt can do the reasonable classification and it is not the violation of article 16 if same rules apply to a reasonably classified group.
But Our objection is that classification done by the govt. is not reasonable where for different streams, different board/universities, student passing in different years , academic and professional education acquired students are being kept under one group and then they are being compared on the basis of their marks to provide the jobs or taking part in written (qualifying) exams/or entrance exams.
By unreasonably keeping heterogeneous applicants in one group and comparing them on the basis of their marks got in 10th, 12th,graduation etc govt. is violating of our fundamental right of equal opportunity in all govt. jobs.
We are a group of people who are suffering from the same problem(violation of article 16) but our current cause of action is little bit different but solution we are finding is the same.
the whole matter is as follows
Current cause of action
· currently primary teacher recruitment process is going on in Uttar Pradesh in which selection is being done on the basis of marks obtained in the 10th( 10% weightage), 12th (20% weightage),graduation(40%weightage),Bed(30%weightage).
· Similarly selection for BTC in Uttar Pradesh is being done on the basis of marks obtained in 10th, 12th, and graduation(equal weightage to all classes)
· For applying B.Ed entrance exam there is minimum marks criteria of 50% in graduation (all stream).
· Many other organizations are either keeping minimum marks criteria for applying or selecting on the basis of marks obtained in 10th, 12th, graduation for example post office asked application for Postal assistant with minimum 60% marks in class 12th for applying.
· There may many similar cases
Our Primary Objections:
1.How can we compare different board/university students on the basis of their marks.While each board or university has different syllabus, different marking pattern . This can be easily proved by seeing past results, boards guideline for evaluation and by seeing syllabus of the same class in different board and university.
For example- a UP board student of class 10+2 has combined syllabus for eleventh and twelfth class and has to prepare for both year syllabus for 12th board exam while CBSE student has different syllabus for 11th and 12th so has to prepare for only class 12th syllabus. Anyone can easily understand that preparing two year syllabus is more tough than one year syllabus and there is more chance to get higher marks if anyone preparing for one year syllabus than two year.
2. Our second objection is that students of different streams of the same board/university or different board/university and of same stream but with different subjects cannot be compared.
some subjects are more scoring than others. this can be easily seen by checking past record.
for example students who have home science, music, vocational etc subjects will get higher marks than a economics' student marks. some subjects have practical components and the students who have practical subjects easily get higher marks in practical component.
3. Professional courses cannot be compared with academic courses. professional courses has two types of evaluation. first internal and second- university based exam evaluation. in internal marking system most of the students easily get 80% to 100% marks. so a BCA ,BBA student can not be compared with a B.A. student. Similarly BTECH, BAMS BUMS student cannot be compared with B.Sc. Student whose evaluation is done only on the basis of university exam.
4-The student of same board or different board/university passing in different years cannot be compared.
education sector is changing at very fast pace. every year something new has been added and the facilities ,teaching method , evaluation method, syllabus and the government also are changing. so we can see the result of these changes on the marks of the students.
· In UP board in 1999 , the Kalyan Singh led BJP government was there.CM Kalyan Singh introduced nakal adyadesh(ordinance) .if anybody found copying would had to go to jail. that year highschool result was only 29%.
· Up to1999 there was a combined syllabus for 9th and 10th in UP BORAD and 10th student had to prepare for both year syllabus for 10th exam.
· The marking pattern has also changed. in earlier time in maths and science no marks were given if the answer is wrong but now step marking is done and marks is given for right steps without considering answer is wrong or right.
· Now in UP nakal mafia is on high. there are several instances of paper leaks, group copying etc.(read editorial in amar ujala dated 16 may 2010)
· Besides these there are varying infrastructure in villages, small cities and big cities that affect the mark securing ability of the students in their early stage of education. but they are in no ways less intelligent for the other students who are securing more marks.
5.There is a provision of 50% parallel reservation for women in BTC course besides other reservation of SC/ST, OBC etc. the net effect is that there is only 25% seats are available unreserved for general boy candidates .it is opposed to various courts decision in which court stated that total reservation should not exceed 50% upper cap.
6. if there is no minimum marks criteria even for IAS Selection exam or many other high level officers exam then why are we being forbidden to take part B.Ed entrance exam in admission process by setting minimum marks criteria for a group of heterogeneous people(for example GRADUATION -BA,BBA,BTCH, BUMS, BAMS ETC)
7. the central govt. itself accepted by his act that all boards’student cannot be measured on the same scale so for IIT entrance exam they have evolved a formula to keep different boards’ students on same level.
8.Because of this faulty process Professional like engineers, doctors(BUMS,BAMS etc), BBA business administrators are applying and getting selection for BTC type courses and as a primary teachers because of their high education there is less chances that will be really interested in teaching primary students and besides it valuable human resources of the country are being wasted.
9.The elected govt. should work according to declared policy not arbitrarily. the govt should set the policy when govt. will conduct entrance exam or when govt. will make selection according to merit based on academic score. Because the govt. has not have any declared policy regarding above points so applicants are being confused.
For example in 2010 when the process of BTC about to begin, the Primary Education Minister of UP gave a statement that the entrance exam will be conducted for selection in BTC courses while the selection was done on the basis of Academic score merit. Due to this one of our group member did not apply for B.Ed entrance exam because he thought he would apply for BTC and may take admission through entrance exam. but latter neither he got admission in BTC nor in B.Ed.
Govt. is trying to compare the candidates on non-comparable ground by creating a heterogeneous group based on 10th,12th(science,arts,vocational courses) and graduation (BA,BBA,BCom,B.Sc.,BTech,BAMS,BUMS,BCA etc) marks basis that is against the article 16 of indian constitution that guarantee equal opportunity in all govt. jobs. The govt. rightly has the power to set the criteria but that should be reasonable.
One of our group member sent a email to NCTE in objection to selection process being adopted in BTC in 2010 and NCTE sent a reply through email at email@example.com
The Reply was as follows:
"This is in response to your e-mail dt. 17.05.2010 in connection with entrance test going to be conducted by Govt. of Uttar Pradesh for admission to BTC Course. You have serious objections about the criteria being adopted by Govt. of UP, though this matter pertains to State Government however, as per NCTE Regulation 2009 the admission shall be made on merit on the basis of marks obtained in qualifying examination and / or any other selection process as per the policy of State Govt. / UT Admn. In view of this stipulation, the State Govt. of UP has adopted any of such pattern NCTE treats it compliance of NCTE Regulation 2009.
WHO ARE THE OPPSITE PARTIES
1.Govt of Uttar Pradesh- because primary teacher in UP is being selected on the basis of their marks obtained in 10th, 12th, graduation, B.Ed. and admission in BTC is also being done on the basis of marks obtained in 10th, 12th, and graduation basis.
2. NCTE – because NCTE has set the criteria that a person who has secured less than 50% marks is eligible for doing B.Ed. and also for CTET.
3.Central Govt.- because many central recruitment is being done on the basis of marks obtained in different classes. Same criteria is being kept for different stream and board candidates.
WHAT RELIEF ARE WE SEEKING
1.STAY THE PROCESS OF CURRENT PRIMARY TEACHER RECRUITMENT IN UTTAR PRADESH AND ENTRANCE EXAM SHOULD BE CONDUCTED WHERE EVERONE WILL HAVE A FAIR CHANCE.
2.STAY THE PROCESS OF SELECTION IN BTC COURSE BEING DONE IN UTTAR PRADESH AND ENTRANCE EXAM PROCESS SHOULD BE CONDUCTED.
3.MINIMUM MARKS CRITERIA SHOULD BE ABOLISHED FOR APPLYING B.Ed. ENTRANCE EXAM.
4.A PROPER DETAILED DIRECTION FROM COURTS THAT WHEN SELECTION SHOULD BE DONE ON THE BASIS OF MARKS OBTAINED IN DIFFERENT CLASSES OR WHEN ENTRANCE EXAM SHOULD BE CONDUCTED.
5.DETAILED DIRECTION FOR FREE AND FARE ENTRANCE EXAM PROCESS.
SUCH AS ONLINE EXAM BASED ON QUESTIONS CREATED THROUGH QUESTION SELECTED FROM A COMPUTER DATABASE RANDOMLY WITHOUT ANY HUMAN INTERVENTION. WHERE EVERY CANDIDATE WILL GET DIFFERENT PAPER BASED ON COMPUTER DATABASE QUESTIONS. IMMEDIATE RESULT. IF ONLINE EXAM IS NOT POSSIBLE CURRENTLY THEN IN PAPER BASED EXAM , CARBON COPY AND QUESTION PAPER SHOULD BE GIVEN, IMMEDIATE DECLARATION OF THE RESULT OF ANSWERS ON THE SAME DAY AT WEBSITE.