SHESH MANI SHUKLA versus D.I.O.S. DEORIA & ORS.

SHESH MANI SHUKLA versus D.I.O.S. DEORIA & ORS.

The appointment of the appellant was void ab initio and illegal, since the Committee of Management could not appoint a teacher ignoring the recommendations of the District Inspector of Schools, and the procedures under the statute and order were not followed. No legal right could be established by mere length of service in contravention of statutory provisions.

Parties
Appellant: Shesh Mani Shukla; Respondents: D.I.O.S. Deoria & Ors.
Jurisdiction
India
Judgment Date
31 July 2009
Procedural Posture
Civil Appeal / Dismissal of Appeal by Supreme Court After Prior Dismissal of Writ Petition and Intra Court Appeal
Outcome
Appeal dismissed
Legal Topics
Teacher Appointment, U.p. Secondary Education Services Commission and Selection Boards Act, 1982, First Removal of Difficulties Order, 1981, Article 226
Service Law Teacher Appointment U.p. Secondary Education Services Commission and Selection Boards Act, 1982 First Removal of Difficulties Order, 1981 Article 226

Case Brief

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Parties

Shesh Mani Shukla

Appellant

D.I.O.S. Deoria & Ors.

Respondents

Procedural Posture

Civil Appeal / Dismissal of Appeal by Supreme Court After Prior Dismissal of Writ Petition and Intra Court Appeal

Legal Issues

  1. 1 Whether the Committee of Management can make appointment to the post of teacher ignoring the recommendations of the District Inspector of Schools.

Ratio Decidendi

The appointment of the appellant was void ab initio and illegal, since the Committee of Management could not appoint a teacher ignoring the recommendations of the District Inspector of Schools, and the procedures under the statute and order were not followed. No legal right could be established by mere length of service in contravention of statutory provisions.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs