SMT. RAM SAKHI DEVI ETC. versus STATE OF U.P. AND ORS. ETC.

SMT. RAM SAKHI DEVI ETC. versus STATE OF U.P. AND ORS. ETC.

Selection by Managing Committee under Intermediate Education Act, 1921 is illegal after the commencement of the Commission Act; appellant cannot be regularised under Section 33-A as appointments must take place through the Commission.

Parties
Appellant: Smt. Ram Sakhi Devi; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
20 March 1997
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Allahabad High Court
Outcome
Appeals dismissed
Legal Topics
Appointment of Head Master, Selection Committee for School Teachers, Regularisation of Ad Hoc Appointments
Service Law Appointment of Head Master Selection Committee for School Teachers Regularisation of Ad Hoc Appointments

Case Brief

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Parties

Smt. Ram Sakhi Devi

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Allahabad High Court

Legal Issues

  1. 1 Whether selection of appellant as Headmistress by Managing Committee after upgrade of school was valid under Service Commission Act, 1982
  2. 2 Whether appellant could be regularised under Section 33-A of the Regulations

Ratio Decidendi

Selection by Managing Committee under Intermediate Education Act, 1921 is illegal after the commencement of the Commission Act; appellant cannot be regularised under Section 33-A as appointments must take place through the Commission.

Court Disposition

Appeals dismissed

Orders

  • Appeal dismissed; no costs awarded
  • Appeal No. 1825/86 dismissed as infructuous; no costs