Mandatory prior approval for teacher termination under basic school rules; later loss of recognition did not validate the void action.

Prior approval of the District Basic Education Officer was mandatory before terminating a basic school teacher under Rule 11 of the U.P. Recognised Basic Schools Rules, 1975; termination made without that approval was therefore a nullity. The school was recognised on the date of termination, so the absence of approval rendered the action illegal and void. Later loss of recognition did not cure the defect or justify refusing relief. The teacher was consequently entitled to relief.

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Issues: Whether the termination of a teacher's services without obtaining prior approval of the District Basic Education Officer was illegal and void, and whether relief could be denied on the ground that the institution was later not recognised.

Analysis: Rule 11 of the U.P. Recognised Basic Schools (Recruitment and Condition of Service of Teachers and other conditions) Rules, 1975 required prior approval before termination of a basic school teacher's services. The institution was recognised on the date of termination, and no prior approval had been obtained. The requirement of prior approval was treated as mandatory, and action taken without such approval was held to be a nullity. The later status of the institution as unrecognised did not cure the illegality or justify denial of relief.

Conclusion: The termination was illegal and void, and the appellant was entitled to relief.

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