AJIT KUMAR
C/M Vaidik Kanya Inter College – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. seniority dispute in educational appointments. (Para 1 , 2 , 3) |
| 2. judgments on unadvertised vacancies. (Para 4 , 5 , 6) |
| 3. impacts of interim orders on appointments. (Para 7 , 8 , 9) |
| 4. procedure for establishing seniority. (Para 10 , 11 , 12) |
| 5. right to be heard in administrative decisions. (Para 13 , 14 , 15) |
| 6. arguments on appointment validity. (Para 16 , 17 , 18) |
| 7. court's reasoning and jurisdiction. (Para 19 , 20 , 21) |
| 8. status implications of court orders. (Para 22 , 23 , 24) |
| 9. inter-se seniority disputes. (Para 25 , 26 , 27) |
| 10. natural justice principles in administration. (Para 28 , 29 , 30) |
| 11. legal standing in administrative hearings. (Para 31 , 32 , 33) |
| 12. final conclusions and orders of the court. (Para 34 , 35 , 36) |
| 13. final decisions on the writ petitions. (Para 37 , 38 , 39 , 40) |
JUDGMENT
Ajit Kumar, J.
Heard Sri Bheem Singh, learned counsel appearing for the petitioner Committee of Management Vaidik Kanya Inter College, Dadri, District Gautam Budh Nagar in Writ A No. 7096 of 2020 and on behalf of Smt. Anupama in Writ A No. 3608 of 2021 and Sri Jagannath Singh, learned counsel appearing for petitioner Smt.Ratan Prabha in Writ A No. 866 of 2020 and Writ
A.K. Kraipak v. Union of India
Ashwin S. Mehta v. Union of India (2012) 1 SCC 83
Charan Lal Sahu v. Union of India
Odisha Foresh Development Corporation v. M/s Anupam Traders (2020) 15 SCC 146
The court established that interim orders do not invalidate prior valid selections and that seniority must be determined based on actual service and selection dates.
Point of Law : Education Officer (Secondary) can exercise jurisdiction to determine any inter se dispute as regards seniority that has been referred to him under Rule 12(3) of the said Rules till suc....
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
The main legal point established in the judgment is the importance of following the provisions of Rule 12 of the Maharashtra Employee of Private Schools (Conditions of Services) Regulation Rules, 198....
The main legal point established is that seniority is determined based on substantive appointment and age, as specified in the regulations of the Intermediate Education Act, 1921, overriding the time....
The court upheld the Single Judge's decision, emphasizing the importance of seniority and misconduct in determining appointment validity under established legal principles.
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