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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Amar Prakash Chandra – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard learned counsel for the petitioners, Mr. Shailendra Singh, learned Standing Counsel for the State, learned counsel appearing for the District Basic Education Officer, and perused the record.
2. As all the abovementioned three petitions arise out of connected facts and involve common questions for consideration, with the consent of learned counsel for the parties, the same are being heard and decided together by this common judgment.
3. Placing the brief facts of the case, learned counsel for the petitioners submits that Dharmendra Kumar Janta Laghu Madhyamik Vidyalaya, Satgur Muzuri, District Maharajganj[The Institution] is a duly recognized Junior High School, which was brought on the grant-in-aid list vide order dated 12.09.1994. The Institution in question was established in the year 1974 as a Junior High School imparting education from Classes VI to VIII and has been functioning continuously since its establishment. The Institution, as already stated, was brought under the grant-in-aid list for the first time vide order of the State Government dated 12.09.1994.
4. At the relevant point of time, the Institution had one Headmaster, 13 Assista
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
Prohibition on creation of post by institution - Appointments of respondent-petitioners were void ab initio - Since these appointments were made without sanction of any post, these appointments had b....
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized u....
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.
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 qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
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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