VIVEK MUDGIL versus STATE OF U.P. & ORS.

VIVEK MUDGIL versus STATE OF U.P. & ORS.

The appellant did not possess the requisite 10 years teaching experience on the last date of submitting applications, as study leave cannot be counted. Therefore, he was not eligible for appointment as Principal; the exemption process did not cure the disqualification as it was not retrospective.

Parties
Appellant: Vivek Mudgil; Respondents: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
05 December 2018
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Appointment to Principal Post, Qualification Requirements, Teaching Experience, Exemption Under Intermediate Education Act, 1921
Service Law Appointment to Principal Post Qualification Requirements Teaching Experience Exemption Under Intermediate Education Act, 1921

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Parties

Vivek Mudgil

Appellant

State of U.P. & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether study leave period should be counted toward 10 years teaching experience required for appointment as Principal
  2. 2 Whether exemption from qualification requirement is validly granted by the Board under proviso to Section 16-E(3) of Intermediate Education Act, 1921 after enforcement of U.P. Secondary Education Services Selection Board Act, 1982

Ratio Decidendi

The appellant did not possess the requisite 10 years teaching experience on the last date of submitting applications, as study leave cannot be counted. Therefore, he was not eligible for appointment as Principal; the exemption process did not cure the disqualification as it was not retrospective.

Court Disposition

Appeals dismissed

Orders

  • Appeals are dismissed
  • Transferred case also stands disposed of