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MANOJ KUMAR GUPTA, SYED QAMAR HASAN RIZVI
Sushila – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-The instant intra-Court appeal arises out of the order and judgment of learned single Judge dated 15.12.2022 whereby the writ petition filed by the appellant (hereinafter referred to as 'the petitioner') was dismissed. In the writ petition, the petitioner had challenged the orders dated 25.9.2018 and 6.12.2019 passed by Joint Director of Education, Azamgarh Region, Azamgarh rejecting the claim of the petitioner for being appointed as officiating principal of an Intermediate College namely Soni Dhapa Khandelwal Balika Inter College, Mau. On the other hand, the appointment of respondent No. 5, Smt. Manju Rai (hereinafter referred to as 'the contesting respondent') was upheld.
2. The vacancy on the post of Principal came into existence upon retirement of Smt. Rizwana Bano on 31.3.2016. The Committee of Management of the institution recommended for appointment of the contesting respondent as the officiating Principal of the institution by resolution dated 22.3.2016. Pursuant thereto, the District Inspector of Schools passed an order dated 20.4.2016 appointing the contesting respondent as officiating Principal of the institution. The objection of the petitioner ag
Eligibility for the appointment of a principal must be assessed as of the vacancy date, and subsequent qualifications can establish entitlement to the position.
Point of law: Teacher – Appointment - Respondents are estopped, having allowed the petitioner all throughout in the stages of process, treating her to be eligible and offering appointment, to contend....
The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
financial Liability to the State is not a reigning consideration while interpreting statutory rules and notifications.
Point of Law : 34. Irregular appointees cannot claim seniority over regular appointee - If an order is bad in its inception, it does not get sanctified at a later stage.
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