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PRITINKER DIWAKER, MAHESH CHANDRA TRIPATHI, ASHWANI KUMAR MISHRA
Siddharth Shanker Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Learned Single Judge of this Court in Ram Prakash Sharma v. Joint Director of Education, Agra Region, Agra, 2010(2) ADJ 243, examined the import of term 'as such' occurring in Rule 14 of the U.P. Secondary Education Service Selection Board Rules, 1998 and found himself in disagreement with two earlier judgments of the Court in Smt. Usha Goel v. State of U.P. 2004 (3) ESC 1887 (All) and Shail Kumari v. State of U.P. 2008 ALJ 205 and consequently referred the following question to be answered by a Larger Bench:
(a) Whether the law laid down in the case of Usha Goel (supra) as followed in the case of Shail Kumari (supra) providing that for a teacher to be eligible for promotion under Rule 14 of 1998 Rules, he must have 5 years teaching experience subsequent to his having
The court clarified that for teacher promotions under Rule 14, five years of continuous service is required, but it does not need to be in the subject of the promoted post.
Teaching experience for appointment as Headmaster must be from recognized regular teaching positions, not from part-time or non-cadre roles, adhering strictly to statutory qualifications.
The court established that eligibility criteria for public employment must be strictly adhered to, and any appointment made contrary to these criteria is illegal. Equity cannot be invoked to override....
The right to be considered for promotion is determined by the rules in force at the time of consideration, not by prior rules, as established by Supreme Court precedent.
(1) Promotion – In absence of rules, recourse to recruitment based on executive orders could be taken.(2) Interpretation of Statute – No word, no phrase and no expression used in a legislation should....
Classification based on educational qualifications for promotion in public service is valid if it promotes academic excellence and has a rational basis.
Time-bound promotion for teachers after 12 years of service is a fundamental right and compulsory under state rules, ensuring compliance with equality principles in the Constitution.
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