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IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir,J.
Mohd. Fahim Jamal – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of the petitioner's appointment and governing regulations. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding the legality and jurisdiction of the appointment. (Para 9 , 10 , 11 , 12 , 18 , 19 , 22 , 23) |
| 3. court's analysis on the validity of the appointment process. (Para 14 , 15 , 16 , 17 , 20 , 21 , 24 , 25) |
| 4. restoration of the petitioner's appointment approval. (Para 26) |
| 5. final judgment and order regarding the petitioner's salary and costs. (Para 27 , 28 , 29 , 30) |
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against the order of the Registrar, Arbi and Farsi Education Board, U.P., Lucknow dated 02.12.2014, revoking the approval granted to the petitioner's appointment as an Assistant Teacher (Tahtania).
2. The facts briefly said are that the Al-Jamaiatul Islamia Mambaul Maarif, Village Sumbhi, Post Gambheerban, District Azamgarh is a Society registered under the Societies Registration Act, 1860, bearing Registration No.929/1992-93. It was registered with the Registrar of Societies on 12.12.1993. Hereinafter, it shall be referred to as 'the Society'. The Society has its bylaws, also registered. In keeping with the objects of the Soc
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....
Disciplinary proceedings against educational staff require an approved Scheme of Administration; absence of such approval renders termination orders void.
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....
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
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.
Educational authorities must consider applications for school management approval despite internal disputes unless exceptional circumstances exist, as established by prior court rulings.
The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
A Manager of a Committee of Management cannot initiate a writ petition without prior authorization from the Committee, thus impacting the maintainability of such petitions.
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