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Service & Administrative LawSupreme Court of India

Suresh Mani v. The State of Uttar Pradesh

Civil Appeal · 2018 INSC 1097Decided 26 Nov 2018
Civil Appeal No. 11331 of 2018
Justice Kurian Joseph · Justice Hemant Gupta

Background

The appellant had been seeking formal approval as a Science teacher at a school since 1986. The State had sanctioned the Science subject to be taught at the school but had not separately sanctioned a post for a Science teacher, and the authorities relied on this technical gap to deny him approval. A 2003 communication from the District Inspector of Schools had nonetheless considered him for a selection grade.

Decision Breakdown

The Supreme Court observed that it made little sense for the Department to sanction a subject for teaching while refusing to sanction the teaching post needed to actually teach it, since the entire purpose of approving a subject is for it to be taught by a qualified teacher. Given the 2003 proposal considering him for the selection grade, the Court held that the technical objection about the missing post sanction faded into insignificance in the peculiar facts of this case, and directed that the appellant be deemed a duly and regularly appointed Science teacher for all purposes, with all consequential benefits paid within three months. The Court expressly clarified that this ruling, being based on the case's unusual facts, should not be treated as a precedent.

Lesson Learnt

Authorities cannot use a missing administrative formality (like a separate post sanction) to deny a long-pending, otherwise-deserved appointment when their own actions, like sanctioning the subject itself, are inconsistent with denying it; however, this kind of outcome was explicitly limited to this case's facts and not meant to be relied on as a general rule.

Suresh Mani v. The State of Uttar Pradesh – Legal Case Shots | LegalAware