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J. J. MUNIR
Manoj Kumar Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble J.J. Munir, J.-This writ petition is directed against an order of the Director of Education (Secondary), U.P., Lucknow dated January the 23rd, 2015, rejecting the petitioner's claim for grant of financial sanction to his appointment as an Assistant Teacher (Model Subjects) with the Maharshi Durwasa Sanskrit Uttar Madhyamik Vidyalaya, Kakra, Dubawal, Allahabad (now Prayagraj).
2. The Maharshi Durwasa Sanskrit Uttar Madhyamik Vidyalaya, Kakra, Dubawal, Prayagraj (for short, 'the Institution') is a recognized Sanskrit Madhyamik Vidyalaya, recognized by the Sampurnanand Sanskrit University Varanasi, Varanasi (for short, 'the University'). Earlier in the day, the Institution was not in receipt of grant-in-aid from the State. Grant-in-aid was extended to the Institution vide Government Order dated 12.8.2010. In consequence of extension of grant-in-aid, the provisions of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (for short, 'the Act of 1971') are applicable to the Institution. The petitioner says that he holds a Postgraduate Degree of M.A. in Hindi, besides a B.Ed. Degree. He was initially appo
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
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....
Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized u....
The appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.
Appointments must comply with stipulated qualifications; hence, prior erroneously granted approvals may be reversed to ensure adherence to legal standards.
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
Absorption into aided posts requires adherence to established rules and qualifications; long service alone cannot justify irregular appointments.
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