Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Disqualification Appointment of Headmaster |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | SERVICE LAW:UTTAR PRADESH RECOGNISED BASIC SCHOOLS (JUNIOR HIGH SCHOOLS) (RECRUITMENT AND CONDITIONS OF SERVICE OF TEACHERS) RULES, 1978: r. 6 - Appointment of Headmaster - Disqualification - Being son of Manager of the School - HELD: Manager being on leave for a temporary period did not cease to be Manager of the School - He went on leave only to defeat the statutory provision - Such an act amounts fraud on the administration - Whether in law or in equity it would be wholly improper to continue the appointment - Equity. CODE OF CIVIL PROCEDURE, 1908:Or.8 r. 5 - Non-filing of written statement - Effect of - HELD: Rules of pleading contained in the Code do not cover question of law - Under Or. 8 r. 5, despite non-filing of the written statement, a court of law may call upon the plaintiff to prove his case - No relief contrary to law can be granted by High Court in exercise of its jurisdiction under Article 226 of the Constitution - Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 - r.6 - Constitution of India - Article 226 - Evidence Act, 1872 - s.56. In response to an advertisement issued by a recognized School for the post of its Headmaster, respondent no. 1 submitted an application. Recruitment to the post of Headmaster was governed by the Uttar Pradesh Recognised Basic Schools (Junior High Schools)(Recruitment and Conditions of Service of Teachers) Rules, 1978, Rule 6 whereof provided, inter alia, that no person related to any member of the Management of a recognized school would be appointed as Headmaster or Assistant Teacher thereof. Father of respondent no.1, who was the Manager of the School, after seeking leave of the President of the Managing Committee on medical ground, handed over charge to the Deputy Manager stating that he would resume the charge and responsibility of the post of Manager approximately after two months. Meanwhile respondent no. 1 was appointed on ad hoc basis. He filed a writ petition in the High Court seeking relief of continuation of his services and claiming his salary. Since the appellant-authorities did not file any counter affidavit in the writ petition, it was ultimately allowed and the special appeal filed by the authorities was dismissed by the Division Bench of the High Court holding that as the appellant did not file any counter affidavit in the writ petition, the principles of Order 8, Ruie 5 CPC would apply and, thus, all the statements made in the writ petition would be deemed to have been admitted. Aggrieved, the Education Department filed the instant appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1250 |
Petitioner | District Basic Education Officer |
Respondent | Dhananjai Kumar Shukla And Anr. |
SCR | [2007] 13 S.C.R. 972 |
Judgement Date | 2007-12-07 |
Case Number | 5773 |
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