Qualified teachers cannot be penalized for procedural lapses by administrative authorities after years of service, emphasizing the importance of due process in employment matters.

JUDGMENT :

Hon'ble Rohit Ranjan Agarwal, J.-These three connected petitions are listed under the heading ''Supreme Court Expedited Cases''. With the consent of the parties, they are being heard and decided together.

2. There are thirty-seven petitioners in Writ Petition No. 32670 of 2007, three petitioners in Writ Petition No. 32315 of 2008 and single petitioner in Writ Petition No. 7244 of 2008.

3. Nagar Nigam, Kanpur Nagar is duly constituted for local area notified as Nagar Nigam, Kanpur Nagar (hereinafter called as ''Nigam'') under the provisions of U.P. Municipal Corporation Act, 1959 (hereinafter called as ''Act of 1959''). It runs 11 recognized higher secondary schools in the local area for meeting the educational requirements. They are established and administered by Nigam, which are as under :

(i) Uchchatar Madhyamik Vidyalaya, Kakadev, Kanpur Nagar,

(ii) Uchchatar Madhyamik Vidyalaya, Chunniganj, Kanpur Nagar.

(iii) Uchchatar Madhyamik Vidyalaya,, Kidwai Nagar, Kanpur Nagar.

(iv) Uchchatar Madhyamik Vidyalaya,, Juhi, Kanpur Nagar.

(V) Nagar Nigam Balika Inter College, Civil Lines, Kanpur Nagar.

(vi) Nagar Nigam Balika Inter College, Tilak Nagar, Kanpur Nagar.

(vii) Nagar Nigam Balika Inter College, Hiraman Purva, Kanpur Nagar.

(viii) Gandhi Smarak Inter College, Govind Nagar, Kanpur Nagar,

(ix) D.P.S. inter College, Nawabganj, Kanpur Nagar.

(x) R.B.R.D. Inter College, Nawabganj, Kanpur Nagar.

(xi) Sri Ratan Shukla Inter College, Juhi, Kanpur Nagar.

4. Section 108-A of Act of 1959 provides for appointment of teachers in institutions maintained by Nigam. It was inserted by U.P. Act No. 10 of 1978 and is extracted hereas under :

''108-A. Appointment of teachers of institutions maintained by Corporations-Notwithstanding anything in Sections 107 and 108,-

(a) the appointment of a teacher in any college, affiliated to any University as defined in the Uttar Pradesh State Universities Act, 1973 and maintained by a Municipal Corporation, shall be made in accordance with the provisions of that Act, and

(b) the appointment of a teacher or Head of an institution recognized in accordance with the Intermediate Education Act, 1921 and maintained by the Municipal Corporation shall be made in accordance with the provisions of that Act.''

5. Sub-section (a) of Section 108-A was enforced with effect from 1.12.1997 while Sub-section (b) of Section 108-A came into force from 25.4.1978.

6. Section 108-A refers to applicability of U.P. Intermediate Education Act, 1921 (hereinafter called as ''Act of 1921''), but contains no reference to U.P. Secondary Education Services Selection Board Act, 1982. Act of 1921 was amended in the year 1986 by U.P. Act No. 18 of 1987, which received the presidential assent on 19th July, 1987 and was published in U.P.Gazette on 30th July 1987 whereby Section 7-AA and 7-AB was inserted, which reads as under :

''3. Insertion of new Sections 7-AA and 7-AB.-After Section 7-A of the principal Act, the following sections shall be inserted, namely :

''7-AA. Employment of part time teachers or part-time instructors.-(1) Notwithstanding anything contained in this Act, the management of an institution may, from its own resources, employ-

(i) as an interim measure part-time teachers for imparting instructions in any subject or group of subjects or for a higher class for which recognition is given or in any section of an existing class for which permission is granted under Section 7-A;

(ii) part-time instructors to impart instructions in moral education or any trade or craft under socially useful productive work or vocational course.

(2) No recognition shall be given and no permission shall be granted under Section 7-A, unless the Committee of Management furnishes such security in cash or by way of Bank guarantee to the Inspector as may be specified by the State Government from time to time.

(3) No part-time teacher shall be employed in an institution unless such conditions as may be specified by the State Government by order in this behalf are c