IMPORTANT POINT
The court established that adherence to prescribed procedures and principles of natural justice is essential in administrative decision-making, particularly in matters affecting the rights of individuals.

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Heard learned counsels for the petitioners, Sri Shailendra Kumar Singh, learned Chief Standing Counsel, Sri Vivek Kumar Shukla, learned Additional Chief Standing Counsel for the State and perused the records.

2. Notices to the concerned respondents, other than the State, are hereby dispensed with.

3. The bunch of petitions have been preferred by the petitioners assailing their respective rejection orders, mainly on the ground that they were entitled to be considered and to be regularised, under the provision of Section 33-G of the UP Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as ‘Act, 1982’) but the benefits under the aforesaid provisions have been declined to them.

4. The provision of Section 33-G of the Act 1982 is extracted as under:

“33-G (1) Any teacher, other than the Principal or the Head Master, who:

(a) was appointed by promotion or by direct recruitment in the lecturer's grade or trained graduate grade on or after August 7, 1993 but not later than January 25, 1999 against a short term vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) order, 1981 as amended from time to time, and such vacancy was subsequently converted into a substantive vacancy.

(b) was appointed by promotion or by direct recruitment on or after August 7, 1993, but not later than December 30, 2000 on adhoc basis against substantive vacancy in accordance with Section 18, in the Lecturer grade or Trained Graduate grade.

(c) possesses the qualifications prescribed under, or is exempted from such qualification in accordance with, the provisions of the Intermediate Education Act, 1921.

(d) has been continuously serving the institution from the date of such appointment up to the date of the commencement of the Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2016.

(e) has been found suitable for appointment in a substantive capacity by the Selection Committee referred to in clause (a) of sub-section (2) of Section 33-C in accordance with the procedure prescribed under clause (b) of the said sub-section.

Shall be given substantive appointments by the Management:

(2)(a) The names of the teachers shall be recommended for substantive appointment in order of seniority as determined from the date of their appointment.

(b) if two or more such teachers are appointed on the same date, the teacher who is elder in age shall be recommended first.

(3) Every teacher appointed in a substantive capacity under sub-section (1) shall be deemed to be on probation from the date of such substantive appointment.

(4) A teacher who is not found suitable under sub-section (1) and a teacher who is not eligible to get a substantive appointment under the said sub-section shall cease to hold the appointment on such date as the State Government may by order specify.

(5) Nothing in this section shall be contrued to entitled any teacher to substantive appointment if on the date of the commencement of the Uttar Pradesh Secondary Education Services Selection Board (Amendment Act), 2016 such vacancy had already been filed or selection for such vacancy has already been made in accordance with this Act.

(6) The services of the adhoc teachers and the teachers who have been appointed against short term vacancies shall be regularised from the date of commencement of the Uttar Pradesh Secondary Education Services Selection Board (Amendment Act), 2016.

(7) Reservation Rules shall be followed in regularization of adhoc teachers and teachers who are appointed against short term vacancies.

(8) Adhoc teachers, who have not been appointed either in accordance with the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981 or in accordance with Section 18 of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 and are otherwise getting salary only on the basis of interim/Final orders o