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IN THE HIGH COURT OF ALLAHABAD
Irshad Ali
C/M Inter College Para Hamidpur, Pratapgarh, Thru. Manager – Appellant
Versus
Km. Poonam Sharma – Respondent
| Table of Content |
|---|
| 1. review application permitted due to merit. (Para 1 , 2) |
| 2. arguments regarding facts unreported and non-representation of committee. (Para 3 , 4 , 5) |
| 3. importance of institutional identity post-upgradation. (Para 6 , 10 , 12) |
| 4. governance and legal identity changes after upgradation of school. (Para 7 , 9 , 11 , 18) |
| 5. headmistress' appointment violates education laws. (Para 8 , 14 , 16 , 20) |
| 6. legislative interpretation on recruitment processes. (Para 15 , 17 , 19) |
| 7. final determination that the writ petition is dismissed. (Para 21) |
JUDGMENT :
Irshad Ali, J.
1. Vide order dated 6.8.2025, the review application was allowed, which is being quoted below :-
" IA No.1 of 2024- Delay Application
1. Heard.
2. In paragraph-2 of the objection filed, objection has been raised, which has no merit. The reasons assigned in the affidavit filed in support of the application are sufficient. Accordingly, the application is allowed. The delay in filing the review application is condoed.
Review Application
1. Heard Sri Anurag Kumar Singh, learned counsel for the applicant and Sri Sharad Pathak, learned counsel for the respondent.
2. This review application has been filed for review of judgme
Once an institution is upgraded from Junior High School to Intermediate College, it loses its original identity and is governed by the provisions applicable to High Schools, disallowing appointments ....
Once a Junior High School is upgraded to High School status, its former identity ceases, and all staff appointments must comply with the relevant educational laws governing High Schools and Intermedi....
Appointments made under inapplicable statutory rules are void and cannot confer enforceable rights; the governing statutes change with institutional upgrades.
Appointments made in contravention of statutory provisions cannot be regularized, and authority to appoint staff lies with the Commission post-upgradation.
The court reaffirmed that Officiating Principals of state-funded institutions are entitled to salaries commensurate with their roles despite legislative changes, emphasizing established legal precede....
The court affirmed that appointments made prior to new qualification rules remain valid, emphasizing continuity of service and entitlement to salary for teachers who later acquired necessary qualific....
The court upheld the rejection of salary claims based on findings that the petitioners' appointment letters were forged and the selection process did not comply with applicable recruitment rules.
The court upheld the necessity of verifying the genuineness of appointments in grant-in-aid institutions, emphasizing that forged documents cannot establish entitlement to salary from public funds.
The appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.
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