A.A CALTON versus THE DIRECTOR OF EDUCATION & ANOTHER

A.A CALTON versus THE DIRECTOR OF EDUCATION & ANOTHER

The amending Act 26 of 1975 removing the Director's appointment power regarding minority institutions did not have retrospective effect and did not apply to proceedings initiated prior to its commencement; thus, the Director's appointment pursuant to the High Court's direction was valid.

Parties
Appellant: A.A. Calton; Respondent No. 1: The Director of Education; Respondent No. 2: A.P. Joseph
Jurisdiction
India
Judgment Date
25 March 1983
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Retrospective Operation of Statutes, Appointment Powers Under Education Statutes, Rights of Minority Institutions
Education Law Constitutional Law Statutory Interpretation Retrospective Operation of Statutes Appointment Powers Under Education Statutes Rights of Minority Institutions

Case Brief

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Parties

A.A. Calton

Appellant

The Director of Education

Respondent No. 1

A.P. Joseph

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the amendment to s. 16-F(4) of the U.P. Intermediate Education Act, 1921 applies to pending proceedings.
  2. 2 Whether the Director could appoint a person previously disapproved by the Deputy Director.

Ratio Decidendi

The amending Act 26 of 1975 removing the Director's appointment power regarding minority institutions did not have retrospective effect and did not apply to proceedings initiated prior to its commencement; thus, the Director's appointment pursuant to the High Court's direction was valid.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs