Statutory minimum qualifications must exist at recruitment; an appointment without a recognized degree is void and termination valid.

Whether an appointment can be sustained where the appointee held a B.Ed. from an institution not recognized under the UGC framework: the Court applied the principle that statutory minimum educational qualifications must exist on the date of recruitment and that appointments made contrary to prescribed qualifications are void; subsequent acquisition of qualifications or estoppel cannot validate such an appointment unless the statute or rules allow. Outcome: the appointment was held void for lack of a recognized degree and the termination was not illegal.

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Issues: Whether the appellant's appointment and continuance in service could be sustained despite holding a B.Ed. degree from an institution not recognised under the University Grants Commission Act, 1956, and whether his termination was illegal.

Analysis: The Court examined the statutory scheme under the Uttar Pradesh Secondary Education Services Selection Boards Act, 1982 and the Rules framed thereunder (including Rule 3 of the Uttar Pradesh Secondary Education Services Commission Rules, 1993), read with relevant provisions of the U.P. Intermediate Education Act, 1921, which prescribe the essential educational qualifications for appointment. The analysis applied settled principles that statutory minimum qualifications must be satisfied on the date of recruitment, that appointments made in contravention of such statutory requirements are void, and that subsequent acquisition of qualifications does not cure an initial illegality unless the statute or rules permit. Precedents cited reinforce that estoppel cannot validate an appointment de hors the rules and that regularisation cannot be granted where basic educational qualifications were absent at the time of appointment.

Conclusion: The appointment was void for lack of the prescribed recognized degree and the termination was not illegal. The decision is in favour of the respondent.

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