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ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Shakuntala Mishra National Rehabilitation University Thru. Its Registrar – Appellant
Versus
Rajendra Kumar Srivastava – Respondent
| Table of Content |
|---|
| 1. filing of special appeals against common judgments. (Para 1 , 2) |
| 2. facts of termination of teachers' services. (Para 3 , 4 , 5 , 6) |
| 3. arguments regarding maintainability and qualifications. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court observations on the violation of natural justice. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. application of statutory rules and natural justice principles. (Para 31 , 32 , 33 , 34 , 35 , 36) |
| 6. validity of committee recommendations and administrative actions. (Para 37 , 38 , 39 , 40 , 41 , 42) |
| 7. court's conclusions on individual eligibility and qualifications. (Para 43 , 44 , 45 , 46 , 47) |
| 8. final arguments and findings on qualification disputes. (Para 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 9. discussion on consequential reliefs and back wages. (Para 55 , 56 , 57 , 58) |
| 10. final conclusion dismissing the appeals. (Para 60 , 61) |
JUDGMENT :
Om Prakash Shukla, J.
|
| TABLE |
| A. INTRODUCTION | |
| B. FACTUAL MATRIX | |
| C. ARGUMENTS | |
| D. FINDINGS & ANALYSIS | |
| E. CONCLUSION | |
A. INTRODUCTION
(1) The present bunch of Special Appeals have been filed under Chapter VIII Rule 5 of the ALLAHABAD HIGH
Termination of educators requires adherence to procedural rules and natural justice; significant delays in actions against previously appointed individuals are not permissible without substantial mis....
The main legal point established is the requirement of adherence to the principles of natural justice, including providing an opportunity of hearing, in termination proceedings, and the applicability....
Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
The court ruled that termination without following statutory procedures is illegal, and insufficient experience does not constitute fraud, thus reinstating the employee.
Termination of a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.
The main legal point established in the judgment is that the Petitioners fulfilled the essential qualifications prescribed in Special Note (ix) of the Advertisement dated 03.12.2011, and the impugned....
Article 14 is an integral part of our system, each and every State action is to be tested on touchstone of equality.
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