IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
IRSHAD ALI
Inter College Para Hamidpur, Pratapgarh, Thru. Manager – Appellant
Versus
Poonam Sharma – Respondent
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 condoned.
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 judgment and order dated 14.2.2023, passed in Writ-A No.2823 of 2004.
3. It is submitted by learned counsel for the applicant that at no point of time, correct facts were brought into the notice of the Court, neither the validity of the appointment was shown by the respondent/ petitioner, therefore, writ of mandamus cannot be issued for the payment of salary to the respondent/ petitioner from the State exchequer. He next submitted that once the institution has been upgraded to high school and intermediate, the provisions of U.P. Intermediate Education Act,
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....
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 ....
Appointments made under inapplicable statutory rules are void and cannot confer enforceable rights; the governing statutes change with institutional upgrades.
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....
Appointments made in contravention of statutory provisions cannot be regularized, and authority to appoint staff lies with the Commission post-upgradation.
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.
Ad-hoc principals are only entitled to the salary of their position following the fulfillment of specific preconditions under Section 18 of the U.P. Secondary Education Service Selection Board Act, 1....
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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