VidhiSangh

Supreme Court of India · 20/04/2022

STATE OF ODISHA & ORS. ETC.ETC versus SULEKH CHANDRA PRADHAN ETC.ETC.

[2022] 19 S.C.R. 343 · 2022 INSC 452

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Summary

Odisha challenged orders reinstating Hindi teachers as regular government teachers following takeover of aided schools. The Court held that management appointments made outside the statutory selection process and sanctioned staffing could not sustain the relief. The recruitment rules applied to the aided institutions even though the particular posts were not grant-funded. The Tribunal had also ignored earlier contrary rulings, and the High Court proceeded on material factual errors. The reinstatement orders were set aside and the teachers’ applications dismissed.

Issues

  1. Whether appointments to non-grant-funded posts in aided schools escaped the statutory recruitment rules.
  2. Whether the Tribunal and High Court could sustain regular-service relief on the asserted prior decisions and service history.

Provisions considered

Held

Result

State appeals allowed. The High Court judgment and the Tribunal orders were quashed; the teachers’ original applications were dismissed. Pending applications, including intervention applications, were disposed of. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 343.