Termination of educators requires adherence to procedural rules and natural justice; significant delays in actions against previously appointed individuals are not permissible without substantial misconduct.

JUDGMENT :

Om Prakash Shukla, J.

A. INTRODUCTION

(1) The present bunch of Special Appeals have been filed under Chapter VIII Rule 5 of the ALLAHABAD HIGH COURT RULES , 1952. The following five Special Appeals have been filed against a common judgment/order dated 08.05.2023 passed by the learned Single Judge in Writ-A Nos. 4293 of 2022, 4316 of 2022, 4310 of 2022, 4307 of 2022 and 4312 of 2022:-

(i) Special Appeal No. 332/2023 (Dr. Shakuntala Mishra National rehabilitation University & others V/s Dr. Rajendra Kumar Srivastava & Anr.) ;

(ii) Special Appeal No. 333/2023 (Dr. Shakuntala Mishra National rehabilitation University & others Vs. Dr. Adya Shakti Rai & Others); Special Appeal No. 332 of 2023 and other connected appeals

(iii) Special Appeal No. 334/2023 (Dr. Shakuntala Mishra National rehabilitation University & others V/s Avanish Chandra Mishra & Ors);

(iv) Special Appeal No. 335/2023 (Dr. Shakuntala Mishra National rehabilitation University & others V/s Vipin Kumar Pandey & Ors); and

(v) Special Appeal No. 336/2023 (Dr. Shakuntala Mishra National rehabilitation University & others V/s Mrutyunjaya Mishra & Ors).

However, Special Appeal No. 330 of 2023 (Dr. Shakuntala Mishra National rehabilitation University & others Vs. Alok Mishra & Anr.) although has been filed against judgment/order dated 24.05.2023 passed by the learned Single Judge in Writ-A No.7046 of 2022, but on close scrutiny of the impugned judgment/order 24.05.2023, subject matter of Special Appeal No. 330 of 2023 would reveal that the impugned judgment/order daed 24.05.2023 is wholly premised and based on the common judgment/order dated 08.03.2023 (supra). Thus, all these Special Appeals have been taken up for hearing together and are being disposed of by this common order as the issues involved are common except to the aspect pertaining to their respective educational qualifications.

(2) The precincts of these special appeals lie in the challenge laid by these individuals to the termination/cancellation of their services/selection vide order dated 06.07.2022 by the appellants/University on common grounds of lack of essential qualification at the time of their selection with regard to their educational qualifications and/or experience in the year 2014.

B. FACTUAL MATRIX

(3) The facts delineated from the records would reveal that all the individual respondents are teachers having been selected in the Dr. Shakuntala Mishra National Rehabilitation University pursuant to the advertisement dated 17.02.2014. Apparently, these individuals/respondents submitted relevant documents with regard to their qualifications and experiences and also appeared before a Screening Committee, and subsequently appeared in the interview before the Selection Committee which recommended their candidature for appointment. The recommendations, thereafter, were placed before the Executive Council of the University, pursuant to which they were appointed and after being