Court Orders Payment of Salary with Interest, Citing Deemed Approval of Appointment in Education Sector Case
In a significant ruling, the Allahabad High Court, Lucknow Bench, has affirmed the legality of a recruitment process conducted without the nominee of the District Basic Education Officer (DBEO), emphasizing that such an absence does not invalidate the selection proceedings if conducted by a majority of the selection committee members. The judgment was delivered by Justice Irshad Ali on August 11, 2026, in the case of Mahendra Kumar Yadav v. State of U.P.
The case revolved around the recruitment of Mahendra Kumar Yadav to a Class-IV post in a recognized and aided Junior High School under the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984. Despite the DBEO's failure to send a nominee for the selection process, the court held that the recruitment remained valid as it was conducted in accordance with statutory provisions.
Justice Ali emphasized that the non-presence of the DBEO's nominee does not automatically vitiate the selection proceedings. The court noted that the selection committee had proceeded with the recruitment in accordance with the rules, and the absence of a decision from the DBEO within the statutory period led to a "deemed approval" of the selection.
The court also addressed the issue of non-payment of salary to the petitioner, ruling it unjustified. Justice Ali issued a writ of mandamus, directing the relevant authorities to pay Mahendra Kumar Yadav his current salary regularly and release arrears of salary dating back to October 18, 2013, with an 8% interest. The order mandates that this exercise be completed within two months from the date of the court order.
The court's decision drew upon precedents, including cases such as State of U.P. v. Praveen Kumar Mishra and State of U.P. v. Gunjan Singh, where similar issues regarding the absence of a DBEO nominee in selection processes were addressed. The judgment underscores the principle that recruitment should not be stalled due to administrative inaction and highlights the importance of adhering to statutory timelines.
This ruling is expected to have broader implications for recruitment processes in educational institutions governed by similar statutory frameworks, ensuring that administrative delays do not impede the functioning of educational bodies or the rightful appointment of candidates.
Bottom Line :
Recruitment process in absence of nominee of District Basic Education Officer does not vitiate the legality of the selection proceedings if conducted by a majority of members of the selection committee as per statutory provisions.
Statutory provision(s):
U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984, Rule 15(5)(ii)
Mahendra Kumar Yadav v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2961197
