Monday, September 26, 2022

Allahabad High Court stays order cancelling appointment of teacher made 22 years ago

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The Allahabad High Court has stayed the order of the Director of Education (Madhyamik), Uttar Pradesh, Lucknow, under which the appointment of a teacher made 22 years ago has been cancelled as illegal.

A single-judge bench of Justice Manish Mathur passed this order while hearing a petition filed by Anoop Kumar Verma.

The writ petition under Article 226 of the Constitution has been filed for quashing the orders dated 14.07.2022 passed by the respondent no 2, Director of Education (Madhyamik), UP Lucknow whereby the appointment of the petitioner was cancelled while exercising power under Section 16E (10) of UP Education Act, 1921.

It is submitted by the counsel for the petitioner that the petitioner was appointed on 02.12.2000 on the post of Assistant Teacher and his appointment was approved by the District Inspector of Schools vide order dated 02.12.2000 and after 22 years, the impugned order has been passed for cancelling the initial appointment of the petitioner, which is contrary to the proposition of law laid down by a full bench of the Court in the case of S.K Chaudhari Vs Manager, Committee of Management, Vidyawati Darbari Girls Inter College, Lookerganj, Allahabad & others reported in (1991) 1 UPLBEC 250.

The Court observed that the matter requires consideration.

“All the respondents pray for and are granted four weeks time to file a counter affidavit. Rejoinder Affidavit, if any, may be filed within two weeks thereafter.

Until further orders of the Court, the order dated 14.07.2022 passed by the respondent no 2, Director of Education (Madhyamik), U.P Lucknow shall remain stayed,” the Court ordered.

The Court has fixed the next hearing on September 14, 2022.

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