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J. J. MUNIR
Satish Chandra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
The petitioner, Satish Chandra, has applied for the issue of a writ, order or direction in the nature of mandamus, commanding the District Inspector of Schools, Kasganj (for short, 'the DIOS') to grant approval to his appointment as a Clerk with the Sant Tulsidas Municipal Inter College, Soron, Kasganj (for short, 'the Institution') made by the Management on 6.3.2024 under the Dying-in-Rules.
2. The Institution is run and managed by the Nagar Palika Parishad, Soron, Kasganj and the Chairman of the Nagar Palika is the ex officio Manager thereof. The Institution is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 (for short, 'the Act of 1921') and the Regulations framed thereunder as also Government Orders issued from time to time. Payments of salaries to teachers and other employees working with the Institution are made under the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (for short, 'the Act of 1971'). The petitioner's father, the late Lala Ram, was a peon with the Institution and died in harness on 8.11.2023. The petitioner, being the deceased employee's
The Management of an educational institution lacks authority to appoint on compassionate grounds without following the prescribed regulatory procedures, rendering such appointments void.
Regulation 101 of the U.P. Intermediate Education Act, 1921 applies to minority institutions, mandating prior approval from the DIOS for non-teaching staff appointments to ensure compliance with stat....
An appointment without prior approval under Section 101 of the Regulation would be a nullity in so far as it purports to bind the State Government to grant aid to the institution concerned for paymen....
A candidate has a right to be considered in light of existing Rules which implies Rules in force as on date of consideration.
The judgment establishes the principle that public officers must act reasonably and responsibly in their official duties, conforming to the rule of law. It also emphasizes the importance of ensuring ....
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....
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....
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