Uncommunicated adverse entries in service records cannot invalidate a teacher's promotion rights; statutory procedures must be strictly followed in educational governance.

JUDGMENT :

J.J. MUNIR, J.

1. By this judgment, we propose to decide Writ-A No.62515 of 2017, Writ-A No.42077 of 2016, Writ-A No.19042 of 2022 and Writ-A No.5197 of 2024, three of these relating to the claim of Raghvendra Prasad Mishra, an Assistant Teacher with the Sri Shiv Mohar Nath Pandey Kisan Janta Inter College, Nagar Bazar, Basti, for promotion as a Lecturer in the said institution and the award of selection grade as an Assistant Teacher from the appropriate date. Of these writ petitions, Writ-A No.5197 of 2024 has been preferred by the Management of the Sri Shiv Mohar Nath Pandey Kisan Janta Inter College, Nagar Bazar, Basti (for short, 'the Management'), challenging an order dated 07.02.2024 passed by the District Inspector of Schools, Basti (for short, 'the DIOS'), virtually disapproving the resolution of the Committee of Management dated 26.01.2024, deciding to terminate the services of Raghvendra Prasad Mishra on ground that his selection by the Uttar Pradesh Secondary Education Services Selection Board, Prayagraj (for short, 'the Board') was never made and his appointment was the result of fraud.

2. We have heard Writ-A No.62515 of 2017 as the leading case. Nevertheless, we propose to decide Writ-A No.5197 of 2024, preferred by the Management for a first as the said writ petition carries facts and a cause of action slightly different from those involved in the other three writ petitions preferred by Raghvendra Prasad Mishra, who shall hereinafter be referred to as ‘Mishra’ in respect of all the writ petitions.

3. Writ-A No.5197 of 2024 preferred by the Management was heard together with the three writ petitions preferred by Mishra for reason that the action of the Management in terminating Mishra's services, dubbing his selection by the Board as non-existent, was really meant to scuttle consideration of Mishra's claim for promotion to the post of a Lecturer. As we would presently see, there was absolutely no basis for the Management to say that Mishra was never selected as a Lecturer by the Board, and, therefore, his appointment was non est, entitling them to terminate his services vide resolution dated 26.01.2024 and notified by the Manager vide order dated 29.01.2024. The Management also want in this petition, after quashing the order of the DIOS dated07.02.2024, the issue of a mandamus to the Uttar Pradesh Education Service Selection Commission (for short, 'the Commission'), the successor of the Board, to approve the order dated 29.01.2024, terminating Mishra's services.

4. The case of the Management is that an order dated 13.09.2005 was issued by the DIOS that in accordance with a memo dated 09.08.2005 issued by the Secretary of the Board, Mishra had been selected as an Assistant Teacher (Trained Graduate) in Hindi and that he be appointed by the Management as such, in their institution. It is the Management's case that in compliance with the said statutory direction issued by the DIOS, they issued a letter of appointment dated 16.09.2005 in Mishra's favour and on 20.09.2005, he joined as an Assistant Teacher. It is the Management's case that in the year 2017, it came to their knowledge that Mishra was never selected in the selection examination, held pursuant to Advertisement No. 01/2002 and Roll No.020110023 mentioned in the order dated 13.09.2005 issued by the DIOS was not available in the entire despatch list of joining letters issued by the Board. The Management say that the despatch list of letters