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HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Chandra Prakash Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. proceedings are consented to be finalized. (Para 1 , 2) |
| 2. petitioners seek relief post institution recognition withdrawal. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 3. legal basis for absorption post-recognition cancellation not established. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
| 4. absorption without statutory provisions cannot confer rights. (Para 53 , 54 , 55 , 56 , 57) |
| 5. writ petition dismissed with directions for clarification. (Para 58 , 59 , 60) |
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 pre
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....
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