High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Divorce Cannot Be Granted Merely on WhatsApp Chats: Bombay High Court Sets Aside Ex-Parte Decree Based on Unproved Electronic Evidence State Cannot Demand Settlement Amount Yet Withhold Legitimate Refund: Bombay High Court Strikes Down MVAT Settlement Order Surveyor’s Report Is Not Sacrosanct; Arbitral Award Ignoring Vital Evidence Is Perverse: Delhi High Court Sets Aside Insurance Arbitration Award When Victim Lives Under Exclusive Control Of Accused, Burden Shifts To Accused To Explain What Happened: Calcutta High Court Medical Evidence Clearly Indicating Suicide Cannot Be Overlooked, Prosecution Must Prove Homicidal Death Beyond Reasonable Doubt: Andhra Pradesh High Court 'Candidates Acted With Full Knowledge of Consequences': Kerala High Court Reverses Order for Refund of 10% Exit Fee in Medical PG Mop-Up Admissions Dispensing with Departmental Inquiry Without Material is Arbitrary: Supreme Court Sets Aside Dismissal of Delhi Police Constable Power Of Attorney Holder Authorized To Enforce Pre-Emption Right Can File Suit, Death Of Principal Does Not Bar Legal Heirs: Orissa High Court Government Servant Convicted In Criminal Case Can Be Dismissed Without Departmental Enquiry: Tripura High Court Upholds Teacher’s Dismissal RTI Cannot Be Used To Bypass Statutory Bar On Police Case Diaries: Punjab & Haryana High Court Sets Aside Penalty Against Police Officers Externment Cannot Be Based On Police Report And Stale Cases: Madhya Pradesh High Court Quashes District Magistrate’s Order Even Exonerated Accused Can Be Summoned During Trial: Punjab & Haryana High Court Upholds Summoning Under Section 358 BNSS Benefit of Doubt Acquittal Not Equal to Honourable Acquittal: Supreme Court Upholds Rejection of Police Constable Candidate Madras High Court Allows NEET-Failed Student To Appear In CBSE Class XII Mathematics Exam After Last-Minute Subject Switch By Parents Salary of Parents Cannot Be Used to Deny OBC Non-Creamy Layer Status in Absence of Post Equivalence: Supreme Court Father Who Rapes Minor Daughter Cannot Seek Leniency: Bombay High Court Upholds Life Imprisonment Construction Of Toilet Is Bare Necessity For Proper Use Of Premises, Expression "Own Use" Not Confined To Landlord's Personal Physical Use: Calcutta High Court 353 IPC | Conviction Cannot Rest On Uncorroborated Testimony Of Sole Witness When Other Evidence Contradicts Occurrence: Delhi High Court Upholds Acquittal 250 BNSS | 60-Day Discharge Period Is Procedural, Does Not Extinguish Accused's Right To Seek Discharge: Gujarat High Court Section 45 PMLA Cannot Become an Instrument of Endless Incarceration: Himachal Pradesh High Court Grants Bail in ₹18 Crore Scholarship Scam Case Land Acquisition — Heirs Who Slept on Rights for 23 Years Cannot Claim Ignorance to Revive Dead Challenge: Karnataka High Court Institutional Hearing Is No Violation of Natural Justice: Kerala High Court Upholds BPCL’s Termination of Decades-Old Petroleum Dealership Witnesses Not Expected To Recount Past Incidents With Mathematical Precision, Minor Contradictions Don't Demolish Credibility: Orissa High Court If a Suit Is Ex Facie Barred by Limitation, the Court Has No Choice but to Dismiss It: P&H High Court

Approval of DIOS Essential for Selection Process of Teachers in Minority Institutions: Supreme Court

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Supreme Court of India has ruled that the selection process for Teachers in minority educational institutions in the state of Uttar Pradesh concludes only after the mandatory approval of the District Inspector of Schools (DIOS). The judgment was delivered in a batch of civil appeals filed by the State of Uttar Pradesh against the decisions of the High Court of Judicature at Allahabad.

The appeals, bearing numbers 1882-1884 of 2023, pertained to the selection and appointment of Teachers in minority institutions governed by the Uttar Pradesh Intermediate Education Act, 1921, and its associated Regulations. The primary issue before the Court was whether the selection process concluded before the amendment of the Regulations and whether the candidates acquired a vested right to be appointed.

The State of Uttar Pradesh argued that the selection process could only be deemed complete upon obtaining the approval of the DIOS as mandated by Section 16-FF(3) of the Act. It contended that until the approval is granted, no vested right to appointment is acquired by the candidates. On the other hand, the Respondents claimed that once the Management forwards the names of the selected candidates for approval, the selection process concludes, and the candidates acquire a vested right to be appointed.

After careful consideration of the statutory provisions and the relevant Regulations, the Supreme Court held that the selection process does not conclude until the approval of the DIOS is obtained. It emphasized the mandatory nature of the approval requirement under Section 16-FF(3) of the Act. The Court categorically stated that no vested right to appointment is acquired by the candidates until the approval is granted by the DIOS.

The Court also addressed the contention of the Respondents regarding the existence of a "deemed appointment" provision. It held that neither the Act nor the Regulations provide for such a provision, and subordinate legislation cannot override the statutory requirement of DIOS approval. Therefore, the argument of deemed appointment was rejected by the Court.

Furthermore, the Court addressed the issue of whether the vacancies should be filled based on the rules and regulations in force when the vacancies arose or as per the amended regulations. It held that the vacancies should be filled based on the rules and regulations in force at the time of consideration, not the rules in force when the vacancies arose. The Court referred to established principles and precedents to support its reasoning.

In light of its findings, the Supreme Court allowed the appeals filed by the State of Uttar Pradesh, set aside the judgments of the High Court, and rejected the argument that the vacancies should be governed by the unamended rules. The Court affirmed that the approval of the DIOS is essential for the selection process to conclude, and no deemed appointment arises.

This judgment clarifies the procedural requirements for the selection and appointment of Teachers in minority educational institutions in Uttar Pradesh and provides clarity on the role of DIOS approval in the process.

The State of Uttar Pradesh & Ors.    vs Rachna Hills & Ors.

Latest Legal News