Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law:Appointment – To the post of Principal – Qualification –Requirement of 10 years teaching experience – Appointment ofappellant – Complaint questioning the appointment as the appellantwas only having teaching experience of 9 years 3 months –Appointment cancelled – Writ petition by the appellant on the groundthat the period of his study leave should be computed for the purposeof computing the teaching experience of 10 years – Single Judgeof High Court dismissed the petition – Special appeals, taking theplea that qualification of 10 years teaching experience cannot beregarded as essential qualification in view of power conferred onthe Board under Proviso to s. 16-E(3) of 1921 Act – Division Benchof High Court dismissed the appeal – Appeal to Supreme Court –Notice issued by order dated 8.7.2015 – In view of the order dated8.7.2015 Board exempted the qualification in favour of the appellant– Exemption order challenged in High Court by way of writ petition– The petition is transferred to Supreme Court – Held: Teachingexperience of 10 years was rightly considered as a necessaryqualification – Appellant was having only 9 years 3 months ofteaching experience on the last date of submitting the applications– His study leave period cannot be considered as a teachingexperience – When the matter was seized before the Court,respondent-Authorities should not have passed any order grantingexemption – It is clear from order dated 8.7.2015 that there was nodirection to consider for grant of exemption – However, theexemption order was not given retrospective effect – Therefore, grantof exemption would also not cure the disqualification – UttarPradesh Secondary Education Services Selection Board Rules,1998 – Intermediate Education Act, 1921. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2018 INSC 1152 |
Petitioner | Vivek Mudgil |
Respondent | State Of U.p. & Ors. |
SCR | [2018] 14 S.C.R. 1068 |
Judgement Date | 2018-12-05 |
Case Number | 11863-11864 |
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