1999 Supreme(All) 1850

IN THE HIGH COURT OF ALLAHABAD
Jagdish Bhalla and R. P. Nigam, JJ.
KUSUM AGARWAL - Appellant
Versus
UMA RANI MISRA - Respondents
Special Appeal 504 Of 1999
Decided On : 11/29/1999

A person who has been validly appointed on an ad hoc basis and has been continuously teaching on the post for a significant period of time is entitled to be regularized on the post.

Headnote:

EDUCATION - TEACHER APPOINTMENT - PROMOTION - REGULARISATION - AD HOC APPOINTMENT - VALIDITY - PROCEDURE - SELECTION - REGULARISATION - CONVERSION OF POST - CONDITION - INTERPRETATION.

Fact of the Case:

A short-term vacancy for a Lecturer in History arose due to the promotion of the principal of the college. The appellant, Smt. Kusum Agarwal, and the respondent, Smt. Uma Rani Misra, applied for the position. Smt. Munni Mehrotra was selected and recommended for the post but died before she could join. Smt. Uma Rani Misra was then offered the position, subject to approval by the Regional Inspectress of Girls Schools (RIGS). The RIGS approved the appointment with the condition that it would continue until a duly selected candidate joined the post or the vacancy became substantive. Smt. Uma Rani Misra joined the post and began teaching. Later, the principal's ad hoc appointment was regularized, and she superannuated. The college management issued a letter to Smt. Uma Rani Misra stating that her appointment would be treated as unlawful from 1.7.1992, as the substantive vacancy had arisen. Smt. Uma Rani Misra filed a writ petition challenging the letter and seeking regularization under Section 33b of the Commission Act. The college management converted the post to a promotional post and promoted Smt. Kusum Agarwal. Smt. Uma Rani Misra filed another writ petition challenging the conversion and promotion. The single judge allowed both writ petitions, quashing the letters issued by the college management and directing the college to treat Smt. Uma Rani Misra as continuing on the post until a duly selected candidate joined or her services were terminated in accordance with law.

Finding of the Court:

1. The appellant did not possess the requisite teaching experience of five years on the date of the occurrence of the short-term vacancy. Therefore, she was not eligible for promotion to the post of Lecturer in History. 2. The procedure of Clause 2 of the Removal of Difficulties (Second) Order, 1981, was duly followed while promoting the respondent to the post of Lecturer in History. 3. The appellant cannot challenge the validity of the respondent's ad hoc appointment since she had herself applied for the selection. 4. The respondent is entitled to be regularized on the post of Lecturer (History) by virtue of the regularisation provision under Section 33b of the Commission Act. 5. Once the post was converted from promotion quota to direct recruitment and a candidate was duly appointed thereon, it is not open to the Committee of Management to reconvert that post to the promotion quota till the regularly selected candidate from the Commission joins the post unless his/her services are terminated earlier for a cause in accordance with law. 6. The condition imposed by the RIGS at the time of according approval to the respondent's appointment, that her appointment would come to an end on the vacancy becoming substantive, will remain inoperative, and the respondent will be entitled to continue till a regularly selected candidate joins the post.

Issues: 1. Whether the appellant possessed the requisite teaching experience for promotion to the post of Lecturer in History. 2. Whether the procedure for promoting the respondent to the post of Lecturer in History was duly followed. 3. Whether the appellant can challenge the validity of the respondent's ad hoc appointment. 4. Whether the respondent is entitled to be regularized on the post of Lecturer (History). 5. Whether the college management could reconvert the post from direct recruitment to promotion quota after a candidate was duly appointed through direct recruitment. 6. Whether the condition imposed by the RIGS at the time of approving the respondent's appointment, that her appointment would come to an end on the vacancy becoming substantive, is valid.

Ratio Decidendi: 1. For promotion to the next higher grade, it is necessary for a candidate to have at least five years of teaching experience. 2. The procedure prescribed in Clause 2 of the Removal of Difficulties (Second) Order, 1981, for filling up short-term vacancies by direct recruitment was duly followed in the respondent's case. 3. A person who has applied for a selection cannot challenge the validity of the selection on the ground that the procedure was not properly followed. 4. A person who has been validly appointed on an ad hoc basis and has been continuously teaching on the post for a significant period of time is entitled to be regularized on the post. 5. Once a post has been converted from promotion quota to direct recruitment and a candidate has been duly appointed thereon, the college management cannot reconvert the post to the promotion quota until a regularly selected candidate from the Commission joins the post or the appointee's services are terminated for a cause in accordance with law. 6. A condition imposed by the RIGS at the time of approving an ad hoc appointment, that the appointment would come to an end on the vacancy becoming substantive, is inoperative and does not affect the appointee's right to continue on the post until a regularly selected candidate joins or the appointee's services are terminated in accordance with law.

Final Decision: Both appeals dismissed.