On Tuesday the Supreme Court overturned an order of the Allahabad High Court that prohibited the Uttar Pradesh state government from forming tribunals under the Uttar Pradesh Education Service Tribunal Bill, 2021. The bill, designed to establish two tribunal benches in Lucknow and Allahabad, encountered opposition over the proposed headquarters' location.

The Allahabad High Court, in a suo moto proceeding prompted by conflicts between the Allahabad High Court Bar Association and the Awadh Bar Association, Lucknow, had earlier insisted that its permission was necessary before establishing the Uttar Pradesh Education Services Tribunal.

The Supreme Court bench, composed of Justices B R Gavai and Sanjay Karol, deemed the high court order of March 3, 2021, as inappropriate. The court asserted that the high court's directive, requiring the state to establish the tribunal only after obtaining court approval, trespassed into the domain reserved for the legislature and executive. The proposed tribunal, outlined in the bill, aimed to expedite the resolution of service-related cases concerning teaching and non-teaching staff in educational institutions receiving aid under the Uttar Pradesh State Universities Act, 1973.

Additional Advocate General Sharan Thakur, representing the state, argued that the high court's order violated the basic structure doctrine and encroached upon legislative authority. The Supreme Court agreed, emphasizing that while the high court could have reviewed the validity of the legislation under Article 226, it could not stay the statute's operation through an interim order.

As the suo moto proceedings are still pending before the high court, the Supreme Court has set aside the high court's order and instructed it to decide the petition on its own merits. The stay granted by the Supreme Court will remain in effect until the matter is conclusively resolved.