MOHD SARTAJ Vs. STATE OF U P
LAWS(SC)-2006-1-33
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on January 16,2006

MOHD.SARTAJ Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents





Cited Judgements :-

STATE OF RAJASTHAN VS. KULWANT KAUR [LAWS(SC)-2006-4-42] [REFERRED TO]
CHATRO DEVI VS. UNION OF INDIA [LAWS(DLH)-2006-12-113] [REFERRED TO]
RAJUDDIN VS. JAMIA MILLIA ISLAMIA [LAWS(DLH)-2007-4-65] [REFERRED TO]
SURESH PAL VS. UOI [LAWS(DLH)-2007-5-256] [REFERRED TO]
RAJ KUMAR VS. GOVERNMENT OF NCT OF DELHI [LAWS(DLH)-2008-2-84] [REFERRED TO]
PATEL TULSIBEN AMBALAL VS. STATE OF GUJARAT [LAWS(GJH)-2008-8-100] [REFERRED TO]
RAJ RANI SEKHRI VS. U P GOVT [LAWS(ALL)-1954-2-3] [REFERRED TO]
VIJAI KUMAR SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2006-2-18] [REFERRED TO]
ASHOK KUMAR SHIT VS. STATE OF JHARKHAND [LAWS(JHAR)-2008-10-15] [REFERRED TO]
BHUDHAR SHAW VS. STATE OF JHARKHAND [LAWS(JHAR)-2008-10-13] [REFERRED TO]
SUBRATA KUMAR GHOSH VS. STATE OF JHARKHAND [LAWS(JHAR)-2008-10-10] [REFERRED TO]
JAGAT SINGH VS. DIRECTOR OF EDUCATION [LAWS(ALL)-2006-8-150] [REFERRED TO]
MADHUBALA UPADHYAYA VS. STATE OF U P [LAWS(ALL)-2007-2-242] [REFERRED TO]
ISTEKHAR AHMAD VS. STATE OF U P [LAWS(ALL)-2007-3-104] [REFERRED TO]
SOBH NATH YADAV VS. STATE OF U P [LAWS(ALL)-2007-4-75] [REFERRED TO]
CHANDRA PAL SINGH VS. STATE OF U P [LAWS(ALL)-2007-4-25] [REFERRED TO]
SALEEM AHAMED VS. STATE OF U P [LAWS(ALL)-2007-7-207] [REFERRED TO]
INDIAN COUNCIL OF AGRICULTURAL RESEARCH VS. CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD [LAWS(ALL)-2007-9-156] [REFERERD TO]
ANIRUDDH KUMAR MISHRA VS. STATE OF U P [LAWS(ALL)-2008-12-270] [REFERRED TO]
COMMITTEE OF MANAGEMENT VS. STATE OF U P [LAWS(ALL)-2009-1-86] [DISTINGUISHED]
DISTRICT BASIC EDUCATION OFFICER DISTRICT UNNAO VS. MOHD NASEEM [LAWS(ALL)-2010-10-37] [REFERRED TO]
OMWATI VS. STATE OF MP [LAWS(MPH)-2007-10-6] [REFERRED TO]
ASHOK KUMAR SONKAR VS. UNION OF INDIA [LAWS(SC)-2007-2-43] [REFERRED TO]
P D AGRAWAL VS. STATE BANK OF INDIA [LAWS(SC)-2006-4-38] [REFERRED TO]
STATE OF CHATTISGRAH VS. DHIRJO KUMAR SENGAR [LAWS(SC)-2009-5-49] [REFERRED TO]
NAVENDUKUMAR HARSHADBHAI BRAHMBHATT VS. STATE OF GUJARAT [LAWS(GJH)-2008-5-21] [REFERRED TO]
UNION OF INDIA VS. K VARGHESE [LAWS(MAD)-2006-8-230] [REFERRED TO]
REHMANIA TELEEMI SOCIETY VS. KHAN ARZA KHANTOON [LAWS(BOM)-2009-4-65] [REFERRED TO]
SHEOPURARI SINGH VS. COAL INDIA LTD [LAWS(BOM)-2010-3-143] [REFERRED TO]
RAJENDRA SUREKHA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-8-38] [REFERRED TO]
RAJ NATH SINGH VS. STATE OF U P [LAWS(ALL)-2010-3-54] [REFERRED TO]
SILVER MOON KNOX VS. STATE OF U P [LAWS(ALL)-2010-3-90] [REFERRED TO]
SANT RAM VS. D I O S [LAWS(ALL)-2010-7-94] [REFERRED TO]
CHHANGOR YADAV VS. ASSISTANT DIRECTOR OF EDUCATION BASIC VII REGION GORAKHPUR [LAWS(ALL)-2010-7-96] [REFERRED TO]
RAM NARESH PATHAK VS. DISTRICT BASIC EDUCATION OFFICER LALIPUT [LAWS(ALL)-2010-7-4] [REFERRED TO]
BELA DEVI VS. UNION OF INDIA [LAWS(ALL)-2010-7-147] [REFERRED TO]
URMILA DEVI VS. STATE OF U P [LAWS(ALL)-2010-9-141] [REFERRED TO]
ASHA RAM CHAUHAN VS. STATE OF U P [LAWS(ALL)-2010-12-41] [REFERRED TO]
AJAY SINGH VS. STATE OF U P [LAWS(ALL)-2011-1-76] [REFERRED TO]
SAVITA RANI VS. DIRECTOR OF EDUCATION SECONDARY U P [LAWS(ALL)-2011-4-82] [REFERRED TO]
STATE OF U P VS. CHHABI NATH YADAV [LAWS(ALL)-2011-4-87] [REFERRED TO]
MUSAFIR YADAV VS. STATE OF U P [LAWS(ALL)-2011-7-17] [REFERRED TO]
ASHOK KUMAR MISHRA VS. STATE OF U P THROUGH SECY VOCATIONAL AND TECHNICAL EDU [LAWS(ALL)-2012-3-18] [REFERRED TO]
VEDHAVATHI VS. STATE OF KARNATAKA [LAWS(KAR)-2010-10-15] [REFERRED TO]
ROSHAN PRASAD SIDAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2010-3-24] [REFERRED TO]
BHANWAR LAL JAT VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-12-4] [REFERRED TO]
RICHA RATHORE VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-12-44] [REFERRED TO]
GURCHARAN SINGH THIND VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2012-11-104] [REFERRED TO]
SADASHIV S/O. GANPATRAO MAHAJAN VS. HON'BLE MINISTER FOR COOPERATION [LAWS(BOM)-2012-11-51] [REFERRED TO]
J.C. GROVER VS. CHHATTISGARH GRAMIN BANK [LAWS(CHH)-2011-11-68] [REFERRED TO]
A.S. MOTORS PVT. LTD VS. UNION OF INDIA [LAWS(SC)-2013-2-56] [REFERRED TO]
GOPAL SINGH KHATI VS. REGIONAL FOOD CONTROLLER, MEERUT [LAWS(ALL)-2012-4-197] [REFERRED TO]
MRITYUNJAY SHUKLA VS. MUNICIPAL CORPORATRION,RAIPUR [LAWS(CHH)-2008-9-33] [REFERRED TO]
PUNAM VS. STATE OF C G [LAWS(CHH)-2008-3-45] [REFERRED TO]
NUPUR VERMA D/O MADAN SINGH VERMA VS. CENTRAL WARE HOUSING CORPORATION THROUGH MANAGING DIRECTOR [LAWS(ALL)-2013-4-34] [REFERRED TO]
Aasha Ram Chauhan VS. State of U.P. & Ors. [LAWS(ALL)-2010-12-126] [REFERRED TO]
Sri Nath Tiwari VS. State of U.P.Through Principal Secretary, Department of Basic Education, Government of U.P., Lucknow and Others [LAWS(ALL)-2011-11-249] [REFERRED TO]
PREM CHAND YADAV VS. M P POORVA KSHETRA VIDYUT VITARAN COMPANY LTD [LAWS(MPH)-2013-1-149] [REFERRED TO]
RAM SHANKER VERMA VS. STATE OF U.P. [LAWS(ALL)-2013-5-73] [REFERRED TO]
RAM KISHUN VS. STATE OF U P [LAWS(ALL)-2013-4-162] [REFERRED TO]
SHASHI BHUSHAN KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2013-9-56] [REFERRED TO]
KALINDI PANDEY VS. STATE OF U P [LAWS(ALL)-2012-12-168] [REFERRED TO]
ALL INDIA ANNA DRAVIDA MUNNETRA KAZHAGAM VS. CHIEF ELECTION COMMISSIONER, NEW DELHI [LAWS(MAD)-2014-3-46] [REFERRED TO]
MAMTA PANDEY VS. UNION OF INDIA [LAWS(ALL)-2014-3-35] [REFERRED TO]
DOCTOR PRASAD YADAV VS. STATE OF U P [LAWS(ALL)-2013-7-190] [REFERRED TO]
ARUN KUMAR MISHRA VS. STATE OF JHARKHAND [LAWS(JHAR)-2007-8-58] [REFERRED TO]
VISHNU KUMAR VS. MADHYA PRADESH POORVA KSHETRA VIDYUT VITRAN COMPANY LTD. [LAWS(MPH)-2013-1-216] [REFERRED TO]
NATVERLAL MAGANLAL PATEL VS. ANAND AGRICULTURAL UNIVERSITY ANAND [LAWS(GJH)-2014-1-96] [REFERRED TO]
RICHARD JOHN LAWRENCE FERNANDES VS. DEPUTY DIRECTOR OF ADMINISTRATION [LAWS(BOM)-2014-6-57] [REFERRED TO]
Ram Binay Sharma VS. Chairman, Coal India Ltd. [LAWS(ORI)-2008-6-11] [REFERRED TO]
GOVT. OF NCT OF DELHI VS. S.I. OM SINGH [LAWS(DLH)-2010-1-332] [REFERRED TO]
ROHIT KUMAR MAHOBEY VS. HIGH COURT OF CHHATTISGARH [LAWS(CHH)-2010-10-40] [REFERRED TO]
SANDEEP KUMAR VS. UNION OF INDIA [LAWS(ALL)-2014-9-55] [REFERRED TO]
UNIVERSAL MUSIC INDIA LTD. AND ANR. VS. UNION OF INDIA (UOI) [LAWS(DLH)-2006-9-233] [REFERRED TO]
G.R. SONI VS. STATE OF CHHATTISGARH & ORS. [LAWS(CHH)-2009-3-43] [REFERRED TO]
VIJAY SHANKAR TRIPATHI AND ORS. VS. HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD AND ORS. [LAWS(ALL)-2007-6-69] [REFERRED TO]
TATA MOTORS LIMITED VS. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION & ANOTHER [LAWS(APTE)-2014-8-22] [REFERRED TO]
SMT. USHA BARUA VS. THE STATE OF TRIPURA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF TRIPURA IN THE PANCHAYAT DEPARTMENT AND ORS. [LAWS(TRIP)-2014-1-30] [REFERRED TO]
TASNEEM FATIMA VS. STATE OF U P [LAWS(ALL)-2014-11-234] [REFERRED TO]
SHASHI KANT KANOJIA VS. D I O S HARDOI [LAWS(ALL)-2014-11-261] [REFERRED TO]
JAGDISH PANDEY VS. STATE OF U P [LAWS(ALL)-2015-3-106] [REFERRED TO]
PANKAJ KUMARI VS. STATE OF RAJ. AND ORS. [LAWS(RAJ)-2015-3-113] [REFERRED TO]
MAHIPAL SINGH TOMAR VS. STATE OF UTTAR PRADESH AND ORS. [LAWS(SC)-2013-5-103] [REFERRED TO]
SANDEEP KUMAR BALMIKI AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-4-240] [REFERRED TO]
KALAWATI RAMTEK VS. STATE OF M.P. (NOW CG) AND ORS. [LAWS(CHH)-2014-11-47] [REFERRED TO]
RAM CHET VERMA VS. STATE OF U P [LAWS(ALL)-2014-3-310] [REFERRED TO]
STATE OF U.P. AND ORS. VS. DURVIJAY SINGH [LAWS(ALL)-2015-7-267] [REFERRED TO]
OM PRAKASH AGARWAL VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2015-5-20] [REFERRED TO]
JAYANTI PRABHA BHARTI VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-12-87] [REFERRED TO]
ASHABEN PANCHABHAI PARMAR VS. DISTRICT DEVELOPMENT OFFICER [LAWS(GJH)-2016-2-69] [REFERRED TO]
BIRSA AGRICULTURE UNIVERSITY VS. MD. MOKHTAR MANSURI [LAWS(JHAR)-2016-8-53] [REFERRED TO]
ARYA PRATIBHA CHOUDHARY AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2007-5-452] [REFERRED TO]
DHURAT SINGH VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2016-8-9] [REFERRED]
EKTA SINGH VS. STATE OF U P AND OTHERS [LAWS(ALL)-2013-9-306] [REFERRED]
SANTOSH KUMAR VS. EKTA SINGH AND 3 OTHERS [LAWS(ALL)-2013-10-341] [REFERRED]
SMT. RENU DEVI VS. COMMISSIONER, CHAMBAL DIVISION, MORENA AND OTHERS [LAWS(MPH)-2016-7-82] [REFERRED TO]
BIRSA AGRICULTURE UNIVERSITY VS. MD MOKHTAR MANSURI, S/O ABDUL WAHAB MANSURI, R/O [LAWS(JHAR)-2016-8-93] [REFERRED]
PRABHDEEP SINGH JASSI VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2016-7-158] [REFERRED TO]
CHAIRMAN, MOOKAMBIKA INSTITUTE OF MEDICAL SCIENCES VS. UNION OF INDIA [LAWS(MAD)-2011-12-282] [REFERRED]
A JAISANKAR VS. STATE [LAWS(MAD)-2016-6-401] [REFERRED]
SUSHIL KUMAR AND 4 OTHERS VS. STATE OF U.P. AND 3 OTHERS [LAWS(ALL)-2016-10-134] [REFERRED TO]
PENSION FUND REGULATORY & DEVELOPMENT AUTHORITY (PFRDA) VS. SUBROTO DAS [LAWS(DLH)-2017-3-60] [REFERRED TO]
RAJINDER JIT SINGH VS. REGISTRAR, PUNJABI UNIVERSITY, PATIALA [LAWS(P&H)-2007-7-204] [REFERRED]
STATE OF U.P. THRU CHIEF SECY VS. SHAMBHOO NATH PANDEY [LAWS(ALL)-2017-2-142] [REFERRED TO]
A. JEGAN VS. THE STATE OF TAMIL NADU [LAWS(MAD)-2017-4-96] [REFERRED TO]
RAM EKWAL PRASAD VS. UNION OF INDIA THROUGH SECY. [LAWS(ALL)-2017-11-9] [REFERRED TO]
A. RAJAKUMAR VS. TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD [LAWS(MAD)-2017-4-184] [REFERRED TO]
CHIRANJEEV KUMAR DEO VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-5-42] [REFERRED TO]
LAKHA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-2-120] [REFERRED TO]
ABRAR MOHAMMAD VS. STATE OF M P AND ANOTHER [LAWS(MPH)-2018-7-105] [REFERRED TO]
RAKESH KUMAR DUBE VS. STATE OF U P AND OTHERS [LAWS(ALL)-2018-8-13] [REFERRED TO]
LOVELY SINGHA VS. STATE OF ASSAM AND 9 ORS [LAWS(GAU)-2018-8-93] [REFERRED TO]
ARCHANA SHUKLA AND 4 OTHERS VS. STATE OF U P AND 3 OTHERS [LAWS(ALL)-2018-11-39] [REFERRED TO]
HARI CHANDRA VS. DIRECTOR OF EDUCATION [LAWS(ALL)-2018-11-152] [REFERRED TO]
JAGANNATH SINGH VS. STATE OF U P AND 3 OTHERS [LAWS(ALL)-2018-10-147] [REFERRED TO]
INDIAN INSTITUTE OF TECHNOLOGY, KHARAGPUR VS. DR. SUBROTO ROY [LAWS(CAL)-2020-6-14] [REFERRED TO]
STATE OF U.P. VS. SUDHIR KUMAR SINGH [LAWS(SC)-2020-10-30] [REFERRED TO]
AJMANI LEASING & FINANCE LTD VS. U.O.I.THRU.MINISTRY OF FINANCE DEPTT.OF FINANCIAL SER [LAWS(ALL)-2019-12-432] [REFERRED TO]
LOVELY SINGHA VS. STATE OF ASSAM [LAWS(GAU)-2020-12-25] [REFERRED TO]
ATUL KUMAR SINGH VS. STATE OF U. P. [LAWS(ALL)-2020-2-551] [REFERRED TO]
SUDARSHAN DHAR DIWAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-9-10] [REFERRED TO]
CHAIRMAN, ARYA GIRLS SENIOR SECONDARY SCHOOL VS. DIRECTOR [LAWS(DLH)-2022-1-127] [REFERRED TO]
MUKAND LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-12-103] [REFERRED TO]
UNION BANK OF INDIA OFFICERS ASSOCIATION VS. UNION BANK OF INDIA [LAWS(MAD)-2022-6-16] [REFERRED TO]


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.
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