VidhiSangh

Supreme Court of India · 27/04/2023

THE STATE OF UTTAR PRADESH & ORS versus RACHNA HILLS & ORS.

[2023] 4 S.C.R. 969 · 2023 INSC 441

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Summary

Two minority intermediate colleges in Uttar Pradesh selected assistant teachers and sought the District Inspector of Schools' approval, but before approval was granted Regulation 17 was amended to require a written examination, and the DIOS returned the proposals. The Supreme Court held that under Section 16-FF(3) of the U.P. Intermediate Education Act, 1921 no appointment can be made without the DIOS's approval, so the selection was not complete and no vested right arose; that neither the Act nor Regulation 18 provides for a deemed appointment if approval is delayed; and that a candidate is entitled only to consideration under the rules in force on the date of consideration, not those prevailing when the vacancy arose.

Issues

  1. Whether the selection process for teachers in a minority institution concludes, and the candidates acquire a vested right to appointment, once the Committee of Management forwards the names to the District Inspector of Schools, before approval under Section 16-FF(3).
  2. Whether the Act read with Regulation 18 contemplates a deemed appointment if the DIOS does not approve the proposal within 15 days.
  3. Whether vacancies that arose before the amendment of Regulation 17 on 12.03.2018 must be filled under the unamended Regulations.

Provisions considered

Held

Result

Appeals allowed; the Allahabad High Court's judgments dated 16.01.2019 in Special Appeal Defective No. 42 of 2019 and Writ Appeal No. 27341 of 2018, and dated 18.01.2019 in Special Appeal Defective No. 38 of 2019, set aside. No order as to costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 969.