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ROHIT RANJAN AGARWAL
Poonam Shukla – Appellant
Versus
State of U. P. – Respondent
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 :
(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 Bali
Qualified teachers cannot be penalized for procedural lapses by administrative authorities after years of service, emphasizing the importance of due process in employment matters.
Appointments made under inapplicable statutory rules are void and cannot confer enforceable rights; the governing statutes change with institutional upgrades.
The court established that teachers engaged in unrecognized classes can be regularized upon the recognition of the school, provided their appointments were bona fide.
The appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.
The court affirmed deemed approval for teacher appointments due to the respondent's failure to act within legal timelines and ruled that objections for rejection were legally invalid.
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
The management of private schools must adhere to the mandatory provisions of the M.E.P.S. Act and Rules, including obtaining prior permission from the Education Officer before recruitment, to ensure ....
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