MOHD SARTAJ Vs. STATE OF U P

JUDGEMENT

(1.) In the year 1984, the Government of U. P. had decided to appoint Urdu teachers in most of the districts of U. P. and the number of teachers to be appointed for each district was fixed. For the district of Muzaffarnagar, 60 urdu teachers were to be appointed. In pursuance of the decision of the Government of U. P. , the Basic Shikshaadhikari, Distt. Muzaffarnagar by an advertisement dated 15-10-84 invited applications for the post of Asstt. Teachers (Urdu). The minimum educational qualification for the said post as per the advertisement was that the candidates should have either passed the Higher Secondary, Intermediate or equivalent examination thereto recognized by the Government (along with Urdu as subject) and possessed the Basic Teacher's Certificate (B. T. C. ) , Hindustani Teacher's certificate, Junior Teacher's Certificate (J. T. C. ) , or Certificate of Teaching (T. C. ) or equivalent thereto, recognized by the Government or any training equivalent thereto. The advertisement also provided that the higher caste candidates who were trained by 1974 and those Scheduled Caste, Backward Caste and Scheduled Tribe candidates, who were trained up to 1975 may only apply because other candidates trained after this period were not going to be considered. Both the appellants had the High school Degree as well as the Intermediate Degree with Urdu as one of the subjects along with Urdu Training Certificate such as Adib, Adib-e-Mahir and Moallim-e- urdu from the Jamia Urdu, Aligarh. In pursuance of the advertisement issued dated 15-10-84, the Basic Education Board, Muzaffarnagar conducted an interview and the Upper Basic Shiksha Adhikari, respondent No. 4 herein, on 19-6-85 published a list of selected candidates, which included the names of the appellants herein. The list/memorandum itself provided that all the selected candidates were required to join their respective schools/colleges within the period of 15 days, otherwise their appointments would automatically be deemed to be cancelled. After receipt of the memorandum both the appellants joined duties within the stipulated 15 days and started working as per the conditions of service. However, on 7-8-85, i. e. within a very short span of their appointment the Urdu Advisory Director of Education, respondent No. 2 herein, issued direction to respondent No. 4, regarding the cancellation of the appointment of the appellants on the ground that they did not possess the basic Training Certificate (B. T. C. ). Respondent No. 4 vide his letter dated 9-8-85 cancelled their appointment and directed them to contact the appointing authority, along with B. T. C. and Intermediate (Urdu Certificate) for the purpose of verification, if these documents were in their possession. Being aggrieved by the above- mentioned order, the appellants filed a writ petition before the Lucknow Bench of the Allahabad High Court on 20-9-85 and the High Court stayed the operation of the order of cancellation of their appointments.

(2.) Meanwhile, the appellants acquired B. T. C. in 1993 and 1995 respectively and continued with their service. Before their appointment, on 28-1-85 the Special secretary to the U. P. Government by letter informed all Heads of Departments and chief Officers, U. P. that Hon'ble Governor had approved such candidates who were qualified as Moallim-e-Urdu from Jamia Urdu, Aligarh and got the experience of teaching at Higher Secondary School as eligible for employment in the State services/educational institutions. Similarly, on 21-10-88 the Special Secretary to the u. P. Government passed an order to inform all Heads of Departments and Chief officers of U. P. that the candidates with the degree of Moallim-e-Urdu granted by jamia Urdu, Aligarh, and those who had got the experience of teaching up to Higher secondary level had been directed to be appointed as teachers in State services. On 13-9-94 the Secretary of U. P. Government by his order informed all authorities of education that Hon'ble Governor had granted sanction to Moallim-e-Urdu for teaching Urdu in junior and senior schools and it was given equivalent status of B. T. C. Thus by this Circular, degree of Moallim-e-Urdu from Jamia Urdu, Aligarh was given equivalent status of B. T. C. Certificate.

(3.) Before the High Court, it was contended by the appellants that the appointments were cancelled without issuing any prior notice or giving opportunity of being heard and hence the order of dismissal issued is violative of principles of natural justice. It is also urged that the appellants having higher qualifications than the prescribed ones and hence even if they acquired the prescribed qualifications at later stage, the selection and appointment was perfectly lawful, just and proper. The argument of the appellants was countered by the respondents contending therein that the appellants were not entitled to continue in service and their appointment was rightly cancelled within the short span of time on detecting the error that they did not qualify for the appointment, and, therefore, the compliance of natural justice was not necessary. The appellants having not possessed the minimum qualification under the Rules, their initial appointment itself was bad.