TaxTMI 
TaxTMI 
2008 (3) TMI 793
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....trary contained in the Intermediate Education Act, 1921 or the regulations made thereunder but subject to the provisions of Sections 12, 18, 21-B, 21-C, 21-D, 33, 33-A, 33-B, 33-C, 33-D, 33-E and 33-F, every appointment of a teacher, shall on or after the date of the commencement of the Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2001 be made by the management only on the recommendation of the Board": Provided that in respect of retrenched employees, the provisions of Section 16-EE of the Intermediate Education Act, 1921, shall mutatis mutandis apply: Provided further that the appointment of a teacher by transfer from one Institution to another, may be made in accordance with the regulations made under Clause (c) of sub-section (2) of Section 16-G of the Intermediate Education Act, 1921: (2) Any appointment made in contravention of the provisions of sub-section (1) shall be void." 2. The minimum qualification for Masters and Teachers were laid down in the Rules as prescribed under Section 16E, 16F and Section 16FF of the Act. Rule 3 of the Rules reads as under:- "3. Qualifications and experience, etc. f....
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....the teacher's selection committee of the college has appointed you in short term vacancy as ad-hoc assistant teacher in C.T. Grade on the basis of interview held on 20.11.1988 up to the reversion of Sh. Shiv Kumar Sharma at his post or vacancy filled up and joined with a person selected by commission at the above post. Please join the duty at above post within 10 days, otherwise this appointment letter of yours will be deemed as cancelled." 7. It became known to the University that he had not been possessing a degree granted by a university recognized by the Commission. He was asked to obtain a B.Ed. degree from a recognized University within a period of two years. An opportunity was granted to him to obtain such a degree by a letter dated 18.2.1993 stating; "You, Shri Pramod Kumar, Asst. Teacher CT Grade, know that you have acquired B.Ed. degree from Maithili Vishwavidyapeeth Darbhanga. We came to know from reliable sources that the said University from where you have acquired B.Ed. degree has not been recognized by University Grants Commission. Earlier also by the Manager of Institution Shri Naresh Singh Rathi has also directed you to acquire B.Ed....
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....That being so the appointment itself is bad. No question of estoppel also arises in such case. The law in this connection has been decided in the case of Ravinder Sharma and Another versus State of Punjab and Others reported on 1995 1 S.C.C. 138. In present case the petitioner's appointment was not having an approval and he was only paid salary under the court's order. Moreover, admittedly the petitioner's appointment was without there being a proper qualification and as such the appointment of the petitioner was in violation of section 16-E of the U.P. Intermediate Education Act, 1921. In the circumstances, the petitioner is not entitled to protection under section 16-C(3) of the said act." 12. The High Court, furthermore, in its judgment took into consideration the contention of the appellant that his services should have been regularised in terms of Section 33-A and Section 33-B of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982, as he had been possessing the prescribed qualification at the material point of time. 13. A Special Appeal preferred by the appellant against the said judgment and order has been dismissed by the Division Bench ho....
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....ndary Education Selection Board Act, 1982, the High Court has rightly rejected the said prayer. 17. The qualifications for holding a post have been laid down under a statute. Any appointment in violation thereof would be a nullity. 18. It is a matter of some concern that appointments are being offered by the authorities of the State without verifying the fact as to whether the degree(s) possessed by the candidate(s) are valid or not. It was an ad hoc appointment. Why despite the same, he was allowed to obtain degree from another university is not known 19. If the essential educational qualification for recruitment to a post is not satisfied, ordinarily the same cannot be condoned. Such an act cannot be ratified. An appointment which is contrary to the statute/statutory rules would be void in law. An illegality cannot be regularized, particularly, when the statute in no unmistakable term says so. Only an irregularity can be. {See Secretary, State of Karnataka and Others Vs. Umadevi (3) and Others [(2006) 4 SCC 1] National Fertilizers Ltd. and Ors. Vs. Somvir Singh [(2006)5SCC493] and Post Master General, Kolkata and Ors. Vs. Tutu Das (Dutta) [(2007)5SCC317] } 20. Various....
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....e unqualified teachers. For this purpose, the Government of Haryana is directed to issue written instructions to all concerned that in future no appointment be given to the persons possessing qualifications by the institutions referred to herein above. We also direct the Government of Haryana to take steps for terminating the services of all such teachers who have secured employment on the basis of degrees/diplomas/certificates issued by Hindi Sajhitya Sammelan, Allahabad and/or Hindi Sahitya Sammelan, Prayag, Allahabad. However, those who have completed three years service should be given an opportunity to acquire the requisite qualification within a stipulated time. In case they fail to acquire such qualification, then appropriate order be passed to dispense with the services of such persons." 23. We, with respect, do not subscribe to the said view. In any event, it is not a case where, this Court is to protect the interest of the students. The question herein is as to whether the services of the appellant can be said to have been illegally terminated or not. 24. A departmental proceeding against the appellant might have been initiated after the change of management. We wil....
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....also appointment to the appellant was offered in 1980. His services were confirmed in 1984 and sought to be terminated in the year 1990. This Court noticed that a relaxation was granted by the State itself which was available to her and others similarly situated. She, having obtained regularisation in her service, it was wrong and arbitrary on the part of educational department and the school to deprive her of the job. The same is not the case here. 27. A similar question, on the other hand, came up for consideration before this Court in Ravinder Sharma (Smt.) and Another Vs. State of Punjab and Others [(1995) 1 SCC 138] wherein a three Judges' Bench held; "12. The appellant was directly appointed. In such a case, the qualification must be either: (i) A Graduate/Intermediate second class or, (ii) Matric first class. Admittedly, the appellant did not possess this qualification. That being so, the appointment is bad. The Commission recommended to the Government for relaxation of the qualification under Regulation 7 of the Regulations. The Government rejected that recommendation. Where, therefore, the appointment was clearly against Regu....