Teacher's Service After Regularization Can't Be Terminated Merely Due To Lack Of Qualification At Time Of Initial Appointment: Allahabad HC

The Allahabad High Court has held that after a long gap of time, a teacher who's services have been regularised cannot be terminated merely on grounds of lack of qualifications at the time of initial appointment. The bench comprising of Justice Ajit Kumar held that “once the regularisation of appointment has already taken place, such teacher becomes a permanent member of service and no such teacher's service can be dispensed with on the ground that there were some inherent lack of qualification at the time of initial appointment.” Petitioner was initially appointed on ad-hoc basis in 1985 on account of then incumbent Pawan Verma, Lecturer in the subject of Mathematics proceeding on leave without pay. Petitioner argued that the appointment was regularised by the Regional Selection Committee and the Regional Joint Director of Education had no power to recall his appointment. The Court observed that Section 33-B of the UP Secondary Education Service Commission Act, 1982 provides for a Selection Committee for regularisation of ad-hoc teacher. A court or an authority which is not vested with the power to deal with the matter if deals with such matter, then the resultant action is liable to be held as void ab initio.” The Court held that the petitioner was initially appointed in 1985 where as his marriage took place in 1987, “it cannot be said that petitioner while was given initial appointment, he was within the prohibited degree of relation so as to hold his appointment as void ab initio.” Accordingly, the writ petition was allowed.