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HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Chandra Prakash Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Learned counsel for the petitioners states that he does not propose to file rejoinder affidavit. Therefore, with consent of the parties this petition is being decided finally without calling for further affidavits.
2. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Aditendra Singh, learned counsel for the petitioners and Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Ashish Kumar Nagvanshi, learned Additional Chief Standing Counsel for the State-respondents.
3. The present writ petition has been filed inter-alia for the following reliefs:-
“(i) a writ, order or direction in the nature of certiorari quashing the orderdated 04.06.2025 passed by the Director of Education (Basic), U.P. Lucknow.
(ii) a writ, order or direction of a suitable nature commanding the respondentto adjust/absorb the petitioners in some other recognized and aided JuniorHigh School of District Gorakhpur with all consequential benefits thereofwithin a period to be specified by this Hon’ble Court.
(iii) a writ, order or direction of a suitable nature commanding the respondent to disburse the regular monthly salary to the petitioner no.1
Teachers of a derecognized institution do not have a legal right to claim absorption in other schools; recognition cancellation eliminates enforceable employment rights.
Recognition and financial aid for educational institutions must align with equitable staff employment and ensure compliance with established legal conditions for staff remuneration.
The court established that teachers engaged in unrecognized classes can be regularized upon the recognition of the school, provided their appointments were bona fide.
Appointments made under inapplicable statutory rules are void and cannot confer enforceable rights; the governing statutes change with institutional upgrades.
The court determined that teachers' non-recognition based on arbitrary cut-off dates was unlawful, emphasizing the need for adherence to prior judicial resolutions affirming their employment status a....
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
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....
Long-term employees cannot be denied regularization based on non-sanctioned posts if their qualifications meet requirements, protecting natural justice principles under employment law.
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