The Allahabad High Court has ruled that a teacher whose services have been regularized cannot be terminated solely due to a lack of qualifications at the time of the initial appointment, even after a long gap of time.
Justice Ajit Kumar, in a bench ruling, stated that once a teacher’s appointment is regularized, they become a permanent member of the service, and their service cannot be terminated on the grounds of lacking qualifications at the time of initial appointment.
The petitioner was initially appointed on an ad-hoc basis in 1985 due to the then incumbent proceeding on leave without pay. The petitioner continued working until being appointed to a vacant post.
In 1995, the petitioner’s services were regularized under Section 33-B of the UP Secondary Education Service Commission Act, 1982. However, in 2020, the Regional Joint Director of Education recalled the regularization order.
The Court held that the appointment was made by the Regional Selection Committee, and the Regional Joint Director of Education did not have the authority to recall the order 15 years after regularization without referring the matter back to the Committee. This was a violation of principles of natural justice.
Regarding the petitioner’s marriage to the daughter of the institution’s principal after his initial appointment, the Court ruled that it could not be used as a bar to his appointment.
The Court directed that the petitioner, who had since retired, be paid salary arrears and retiral benefits.
