Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1974 – rr.5 6 Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 – rr. 5, 6 – Tribunal allowed the Original Applications filed by the respondents, thereby setting aside their termination and allowing them to continue as Government servant as third teacher/ Assistant Teacher in Middle English Schools (M.E. Schools) as regular teacher, same relief was granted to 137 Hindi Teachers also – Writ petitions filed by the appellants, dismissed – On appeal, held: Perusal of the approval order of the Government of Orissa, Education and Youth Service Department, would reveal that for each M.E. School, only two posts, i.e., one post of a Trained Graduate Headmaster and one post of a Trained Matric Teacher, have been sanctioned – The order clearly provides that no other post of teaching and non-teaching staff would be permitted – It is not in dispute that the appointment of all the applicants/respondents/ teachers have been made directly by the respective Management without following the procedure as prescribed under the Rules/ Statute – Appointments made in contravention of the statutory provisions are void ab initio – Tribunal erred in allowing the Original Applications of the applicants/teachers – Similarly, the High Court also erred in dismissing the petitions filed by the appellants – Impugned judgment of the High Court and the orders of the Tribunal are set aside – Constitution of India – Article 136 – Service Law. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 452 |
Petitioner | State Of Odisha & Ors. Etc.etc |
Respondent | Sulekh Chandra Pradhan Etc.etc. |
SCR | [2022] 19 S.C.R. 343 |
Judgement Date | 2022-04-20 |
Case Number | 3036-3064 |
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