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KSHITIJ SHAILENDRA
Ghulam Hussain – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Kshitij Shailendra, J.
Writ-A No.14412 of 2023
1. These two writ petitions were connected together and nominated to this Bench under the order passed by the Hon’ble Chief justice. Affidavits have been exchanged and, therefore, both the petitions are being decided finally with the consent of parties.
2. Heard Sri Sankalp Narain, learned counsel for the petitioner, Sri Vinod Kumar Sahu, learned Additional Chief Standing Counsel for respondents no.1 and 3, Sri Pranav Mishra, learned counsel for the respondent no.2, and Sri Satyendra Pandey, learned counsel for the respondents no.4 and 5.
The Challenge
3. The instant writ petition has been filed challenging two orders. By the first order impugned dated 12.01.2018, the services of the petitioner, who was working as Assistant Teacher (Alia) in the respondent-Madarsa, were terminated by the Committee of Management and by the second order impugned dated 20.08.2018, the Registrar/ Inspector (respondent no.2) has withdrawn the financial approval granted to the appointment of the petitioner.
4. Brief facts of the case are that the petitioner was appointed as an Assistant Teacher (Alia) by the Committee of Management of the respondent-Mada
Disciplinary proceedings against educational staff require an approved Scheme of Administration; absence of such approval renders termination orders void.
Disciplinary actions in educational institutions must comply with established legal frameworks and principles of natural justice, and any actions taken without proper authority are rendered void.
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The court ruled that the absence of a President during the appointment process does not invalidate actions taken by a Vice President, reaffirming the necessity of adherence to procedural fairness and....
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
The court established that the principles of natural justice must be strictly followed in employment termination cases, particularly in the context of private educational institutions, and that the a....
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....
The termination order was found to be arbitrary, unjust, and against the principles of natural justice, leading to its setting aside and the reinstatement of the petitioner.
The Management of an educational institution lacks authority to appoint on compassionate grounds without following the prescribed regulatory procedures, rendering such appointments void.
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