IMPORTANT POINT
The court established that the failure to consider relevant records and provide a fair hearing constitutes a violation of the principles of natural justice, rendering the decisions of administrative bodies invalid.

JUDGMENT :

(Shree Prakash Singh, J.) :

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

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

3. Core legal issues are common in all bunch of the writ petitions, hence, the members of Bar were invited to address and all these writ petitions are decided by common Judgment and order.

4. Chronic cases are brought before this Court by way of the bunch of the writ petitions wherein the petitioners have assailed their respective orders of rejection of regularisation, which were passed by the Committee headed by the Joint Director of Education of respective regions.

5. The crux of the issue is that the petitioners were appointed either under the Second Removal of Difficulties Order framed under the Act No.5 of 1982 or under unamended Section 18 of Uttar Pradesh Secondary Education (Service Selection Boards) Act, 1982 (hereinafter referred to as 'the Act 1982'. Subsequently, vide the UP Act No.7 of 2016, a new Section 33-G is inserted with effect from 22.3.2016, thus, it was incumbent upon the Regional Level Committee to thoroughly examine the case of the petitioners but it's contended that the Regional Level Committees, ignoring the provisions of law and without ensuring the records of each and every petitioners from the committee of management concerned, passed the orders.

6. Section 33-G 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 subsection (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