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AJIT KUMAR
Ashok Kumar Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Ajit Kumar, J.-Heard Sri Sanjeev Singh, learned counsel appearing for the petitioner, Sri V.K. Singh, learned Senior Advocate assisted by Sri Arun Kumar, learned counsel appearing for the respondent No. 6, Sri Santosh Kumar Yadav, learned counsel appearing for the Committee of Management, namely, respondent No. 5 and learned Standing Counsel appearing for the State respondents.
2. The petitioner Ashok Kumar Pandey, who has been officiating as Principal of the institution as a result of attestation of signatures on 12th January, 2022 by the Manager of the institution and the District Inspector of Schools, is aggrieved by the order passed by the District Inspector of Schools dated 12th June, 2023 and also the order passed by the Additional Director of Education dated 6th October, 2023.
3. Briefly stated facts of the case are that the post of principal of the institution fell substantively vacant in the year 2019 and the question arose for giving officiating charge of principal of the institution in terms of Section 18 of the then U.P. Secondary Education Service Selection Board Act, 1982. The petitioner though was the senior most Lecturer working in the institution bu
A teacher's prior waiver of a position can be condoned under changed circumstances, but a conviction involving moral turpitude disqualifies an individual from holding a principal position.
Conviction under Penal Act does not automatically disqualify candidates from employment, but integrity and past conduct are vital for suitability, especially for government positions.
The main legal point established is that pending criminal cases, especially those involving grave moral turpitude, can justify the denial of appointment to government service, in accordance with the ....
Eligibility for the appointment of a principal must be assessed as of the vacancy date, and subsequent qualifications can establish entitlement to the position.
Promotions to selection posts must adhere to the established procedures and principles of merit; failure to consult the Public Service Commission renders such appointments unconstitutional.
The central legal point established in the judgment is that the petitioner, as a teacher in a private school, was entitled to receive salary and continuity of service for the period she worked, and t....
The refusal to hand over charge of Officiating Principal was arbitrary and constituted legal malice, as the petitioner was exonerated of previous charges.
Section 12 of Act of 1958 reads Removal of disqualification attaching to conviction.
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