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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAUMITRA DAYAL SINGH, SWARUPAMA CHATURVEDI
Veeresh Chandra Mishra – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
(Order on Civil Misc. Leave to Appeal Application No. 01 of 2026 and Civil Misc. Exemption Application No. 02 of 2026 filed in Special Appeal Defective No. 174 of 2026)
1. Heard learned counsel for the appellant.
2. In absence of any serious objection, the present applications are allowed.
(Order on Special Appeal)
3. Heard Sri Prashant Shukla, learned counsel for the original petitioner- appellant, Sri Kartikey Saran, Additional Advocate General and Shri Ankit Gaur, learned Standing Counsel for the State.
4. Present intra Court appeals have arisen against the common judgment and order of the learned Single Judge dated 27.01.2026, Samit vs. State of U.P. and 2 others and 11 connected writ petitions , 2026:AHC:17253. By that order, the writ Court has disposed of the writ petitions filed by the original petitioners-appellants. In effect, the writ petitions had been filed seeking a direction on the respondent State Authorities for payment of salary commensurate to that payable to principal of different inter-colleges, covered under the grant-in-aid scheme of the State Government.
5. Primarily, in view of U.P. Education Service Selection Commission Act, 2023, (hereinafter referred
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....
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 eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
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 ....
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
Once a requisition for a vacancy is sent to the Board, the post cannot be filled by transfer, as established by the U.P. Secondary Education Services Selection Board Rules.
Eligibility for the appointment of a principal must be assessed as of the vacancy date, and subsequent qualifications can establish entitlement to the position.
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