Recently, The Supreme Court has observed that appointments made in contravention of statutory provisions would be void ab initio.
The Odisha Administrative Tribunals in the instant case had allowed the OAs filed by the applicants who are Hindi teachers wherein their termination was set aside and had allowed them to continue as government servants as Asstnt Teachers on a regular basis.
These orders are upheld by The High Court of Odisha.
The State aggrieved by these orders moved to the Apex Court contending that the said appointments were contrary to Rule 5 and 6 of Odisha Education Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions Rules of 1974 (the Rules) and such appointments can’t be sustained.
The respondents on the other hand stated that the said Rules would be applicable only to appointments made on a grant-in-aid basis to the post of the headmaster and that Asst. further, the teachers contended they will not be governed by the said rules because they were appointed on a non-grant basis.
The Supreme Court observed the Rules and records and noted that the teachers, in this case, were appointed by management without following the rules laid down.
Further, the court ruled that appointments made in contravention of statutory provisions would be void ab initio and the court did not accept the contention of teachers, that the teachers were appointed on posts that are on a non-grant in aid basis, the Rules will not be applicable
Accordingly, the court allowed the appeal and dismissed the Original Applications filed by the Respondents.
Title: State of Odisha vs. Sulekha Chandra Pradhan
Case No.: CA 3036-3064 of 2022
