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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Ram Dayal Yadav – Appellant
Versus
State of M.P. – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal orders under article 226. (Para 2 , 3) |
| 2. factual background of the petitioner’s appointment and dismissal. (Para 4) |
| 3. respondents’ justification for dismissal based on qualifications. (Para 5 , 6) |
| 4. court’s reasoning on the reasonableness of dismissal based on qualifications. (Para 7 , 8 , 9) |
| 5. supreme court precedent on experience compensating for qualifications. (Para 10 , 11) |
| 6. court orders reinstatement and payment of arrears. (Para 12 , 13) |
ORDER :
Pleadings are complete. Parties agreed to argue the matter finally, therefore, it is finally heard.
2. By the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the orders dated 05.01.2021 (Annexure-P/1) and 23.05.2022 (Annexure-P/2).
3. By order dated 05.01.2021 (Annexure-P/1), services of the petitioner have been terminated with immediate effect on the basis of enquiry report submitted by the Enquiry Officer in a disciplinary proceeding initiated against the petitioner and vide order dated 23.05.2022 (Annexure-P/2), the Appellate Authority has dismissed the appeal preferred by the petitioner affirming the order passed by the Disciplinary Author
Termination of service based solely on lack of qualifications after long-term employment is arbitrary; practical experience outweighs initial educational requirements.
The main legal point established in the judgment is that without the minimum qualification, an employee has no right to continue in public employment, even if the employee was not at fault for obtain....
Regularization of services must be based on qualifications required at the time of appointment, and subsequent changes in rules cannot be applied retroactively to deny established rights.
The appointment of an employee cannot be revoked without a hearing, as this violates principles of natural justice and civil rights.
Eligibility for promotion requires possession of requisite qualifications at the time of the appointment process.
The main legal point established in the judgment is that the qualifications required for appointment as a trained Teacher in Secondary School do not necessarily mandate a specific graduation subject,....
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