Now Reading: UP teacher’s appointment can’t be cancelled after 29 years: High Court
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UP teacher’s appointment can’t be cancelled after 29 years: High Court
The Allahabad High Court has ruled that the Uttar Pradesh government cannot cancel a teacher’s appointment after 29 years of continuous service when there is no allegation of fraud. The court said…
The Story in Brief
The Allahabad High Court has ruled that the Uttar Pradesh government cannot cancel a teacher’s appointment after 29 years of continuous service when there is no allegation of fraud. The court said Section 16-E(10) of the Intermediate Education Act cannot be used after such a delay. It relied on a full bench decision in Dr. Asha Saxena vs. Smt. S. K., which sets limits on belated cancellations. The case involved a teacher whose qualifications were questioned decades into her career. The court emphasised that the power to annul appointments must be exercised within a reasonable time, not after nearly three decades without proof of wrongdoing.
The Indian Opinion
This judgment should puncture the narrative that government employees enjoy no protection against arbitrary action. Some will call it a victory for job security; others will fret about inept teachers clinging on. The real test is whether the state appeals or accepts that 29 years of service without fraud creates equities that cannot be undone. If a teacher lacked qualifications from day one, why did no one check for three decades? That question demands an answer, not a court order.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
