Court No. - 34
Case :- WRIT - A No. - 26816 of 2001 Petitioner :- Arsad Abbas & Others Respondent :- State Of U.P. & Others Counsel for Petitioner :- Ram Niwas Singh,V.K. Chandel Counsel for Respondent :- C.S.C.,N.D. Rai
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ram Niwas Singh, learned counsel for petitioners and perused the record.
2. Admittedly, petitioners did not possess requisite training qualification for appointment as Assistant Teacher (Urdu) in Primary School. Petitioners' qualification as Moallim-E-Urdu has not been held to be a valid training qualification.
3. In State of M.P. and others Vs. Shyama Pardi and others, 1996 (7) SCC 118 the Apex Court held that an appointment made in the absence of requisite qualification prescribed under Rules is void ab initio and neither it confer any right upon the person concerned to hold the post or continue if he/she has been appointed though did not possess requisite qualification nor any direction for payment of salary can be issued in such cases.
4. Similarly in Mohd. Sartaj and another Vs. State of U.P. and others, AIR 2006 SC 3492 Court held that appointment, if made of a person lacking basic qualification, it cannot be said that he has been appointed validly or such appointment can continue. Such person has no right over the post and, therefore, no hearing was required before cancellation of appointment of such person.
5. Hence, impugned order challenged in writ petition warrants no interference. Writ petition is accordingly dismissed. Interim order, if any, stands vacated.
Order Date :- 27.4.2018 AK