NDLI: The State of Uttar Pradesh & Ors Vs. Rachna Hills & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Procedure for selection and appointment ss. 16-E Appointment of teachers in minority institutions 16-FF Service Law Uttar Pradesh Intermediate Education Act 1921
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Uttar Pradesh Intermediate Education Act, 1921: ss. 16-E, 16-FF – Appointment of teachers in minority institutions – Procedure for selection and appointment – Initiation of the process of selection of teachers – Proposals forwarded to the District Inspector of Schools-DIOS for approval – However, before the grant of the requisite approval, Regn 17 was amended, prescribing a new selection procedure – Thereafter, DIOS returned the proposal for compliance with the new procedure – Writ petitions challenging the decision of DIOS – High Court held that once the names are forwarded for approval of the DIOS, the selection process concludes and the proposed candidates acquire a vested right to be appointed; and that the vacancies that arise prior to the amendment of Rules have to be governed by the Rules that existed at the time such vacancies arose – On appeal, held: Approval of DIOS is mandatory for appointment and that the Act injuncts the appointment of a teacher without such approval – Legal regime does not contemplate any concept of deemed appointment if the DIOS does not decide upon the proposal within 15 days – Reliance on the principle that Rules that existed at the time when vacancies arose will govern the appointments is misplaced – Candidate has a right to be considered in the light of existing Rules, which implies Rules in force as on the date of consideration – On facts, the process of appointment cannot be said to have been concluded without obtaining the mandatory approval of the DIOS, and as such, there is no vested right of the candidate to be appointed before the amendment of Regulation –Unless the approval contemplated u/s. 16-FF(3) is accorded, no appointment could take place – Thus, the appointment would be governed by the amended Regulations which is in force at the time of consideration – High Court erred in holding that the shortlisted candidates acquired a vested right to be appointed – Order passed by the High Court is set aside – Regn. 17, 18.
Judge	Hon'ble Mr. Justice Pamidighantam Sri Narasimha
Neutral Citation	2023 INSC 441
Petitioner	The State Of Uttar Pradesh & Ors
Respondent	Rachna Hills & Ors.
SCR	[2023] 4 S.C.R. 969
Judgement Date	2023-04-27
Case Number	1882

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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The State of Uttar Pradesh & Ors Vs. Rachna Hills & Ors.

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