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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
State of Uttar Pradesh – Appellant
Versus
Santu Prasad Chaudhary – Respondent
JUDGMENT :
1. Heard Shri Ratan Deep Mishra, learned Standing Counsel for State-appellants and Mrs. Kamla Singh, learned counsel for the opposite parties-petitioners.
2. The instant intra court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules has been preferred assailing the validity of the judgment and order dated 27.09.2023 passed by learned Single Judge in Writ-A No.13353 of 2013 (Santu Prasad Chaudhary & Ors. v. State of Uttar Pradesh & Ors.), the operative portion of which, for ready reference, is reproduced as under:-
15. More so, no illegality is apparent on the face of record at the time of adjudication of writ petition No. 12216 of
The court affirmed that appointments made prior to new qualification rules remain valid, emphasizing continuity of service and entitlement to salary for teachers who later acquired necessary qualific....
Appointments made under inapplicable statutory rules are void and cannot confer enforceable rights; the governing statutes change with institutional upgrades.
The court upheld the necessity of verifying the genuineness of appointments in grant-in-aid institutions, emphasizing that forged documents cannot establish entitlement to salary from public funds.
The court upheld the rejection of salary claims based on findings that the petitioners' appointment letters were forged and the selection process did not comply with applicable recruitment rules.
Point of law: If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded a....
The appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Teacher training qualification mandatory at appointment time under statutory rules; subsequent acquisition does not validate; executive resolutions cannot override rules.
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
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