Case Note & Summary
The dispute arose from the appointment of the appellant as Principal of Shrinath Intermediate College by the Committee of Management on April 19, 1981. The appointment was communicated to the appellant on April 27, 1981, and he assumed charge on May 1, 1981. However, on April 7, 1981, the State Government issued an order halting all fresh selections and appointments in non-government aided schools, which was communicated to the college on May 1, 1981. The Committee of Management subsequently stopped the appellant's salary, claiming his appointment was invalid due to the government's order. The appellant filed a writ petition under Article 226 of the Constitution, seeking a mandamus to direct the Committee to allow him to perform his duties and pay his salary. The High Court dismissed the petition, ruling that the Committee lacked the authority to appoint the appellant after the government's order. On appeal, the Supreme Court upheld the High Court's decision, stating that the government's order was effective immediately and rescinded the Committee's power to appoint. The Court noted that the appointment was ineffective, although not invalid, and directed the State Government to ensure the post of Principal was filled within three months, allowing the appellant to apply. The appeal was dismissed with no order as to costs.
Headnote
A) Administrative Law - Validity of Appointment - Government Order Stopping Appointments - The appointment of the appellant as Principal was invalid as the Committee of Management had no power to make the appointment after the government order dated April 7, 1981. The order effectively rescinded the power of the Committee to make such appointments, rendering the selection and appointment ineffective. Held that the order became effective immediately upon issuance (Paras 972-979).
Issue of Consideration
Whether the appointment of the appellant as Principal was valid despite the government's order stopping fresh selections and appointments.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that the appointment was invalid due to the government's order halting all selections and appointments. The Court directed the State Government to fill the post of Principal within three months, allowing the appellant to apply.
Law Points
- Validity of appointment
- powers of management
- government orders
- educational regulations
- natural justice
