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Supreme Court of India 2023-04-27 allowed

The State of Uttar Pradesh & Ors vs Rachna Hills & Ors

Bench: 2 — Dhananjaya Y Chandrachud, Pamidighantam Sri Narasimha

In Brief

Two minority educational institutions in Uttar Pradesh submitted teacher appointment proposals to the District Inspector of Schools (DIOS) for mandatory approval. Before approval was granted, the Government amended the selection regulations. The DIOS then asked the institutions to resubmit proposals following the new procedure. The High Court held that candidates had acquired vested rights once proposals were submitted, and old rules should apply to old vacancies. The Supreme Court reversed this, holding that no vested right accrues until DIOS approval is actually granted. It also rejected any 'deemed appointment' doctrine, ruling that statutory approval requirements cannot be overridden by subordinate regulations, and that amended rules apply to any consideration occurring after their implementation.

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Educational Law Administrative Law Constitutional Law Minority Institutions Statutory Interpretation Appointment of Teachers

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