Case Note & Summary
The dispute arose from the appointment of a teacher at Satya Prakash Vivekanand Inter College, Musahari District Deoria, recognized under the Board of High School and Intermediate Education Act, 1921 and the U.P. High School and Intermediate Colleges (Payment of Salaries & Teachers and Other Employees) Act, 1971. A vacancy occurred on 15.10.1985 when a teacher left, and the Management requested the District Inspector of Schools to recommend a suitable candidate. The District Inspector recommended Ali Hussain Ansari, but the Management found him unsuitable and instead selected the appellant on 10.9.1987. The District Inspector disapproved this appointment on 24.4.1988, leading the appellant to file a writ petition challenging this order. The High Court dismissed the petition, stating the Management lacked authority to appoint without following the prescribed procedures. The appellant argued that the Management was entitled to make ad hoc appointments under Section 18(2) of the UP Secondary Education Services Commission and Selection Boards Act, 1982. The respondent contended that since Ali Hussain Ansari was already working and receiving a salary, the court should not intervene. The Supreme Court analyzed whether the Management could appoint a teacher disregarding the District Inspector's recommendations. It reiterated that any ad hoc appointment must comply with statutory provisions and the First Removal of Difficulties Order, 1981. The court found that the Management's actions were illegal and void, as they did not follow the required procedures. Consequently, the appeal was dismissed, with no order as to costs.
Headnote
A) Education Law - Appointment of Teachers - Authority of Management - Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982, Section 18 - The Committee of Management cannot appoint teachers without adhering to the recommendations of the District Inspector of Schools. The court held that any appointment made in contravention of the statutory provisions is illegal and void ab initio, emphasizing the necessity of following prescribed procedures for appointments (Paras 8-14).
Issue of Consideration
Whether the Committee of Management can make appointment in the post of a teacher ignoring the recommendations of the District Inspector of Schools.
Final Decision
The Supreme Court dismissed the appeal, holding that the appointment made by the Management was illegal and void ab initio due to non-compliance with statutory provisions. The court emphasized that sympathy or sentiments cannot form the basis for issuing a writ of mandamus.
Law Points
- Authority of Management
- Ad hoc Appointment
- Compliance with Statutory Provisions
- Recommendations of District Inspector of Schools
- Mandamus
