Appointments Made In Contravention Of Statutory Provisions Are Void Ab Initio : Supreme Court

The Supreme Court observed that the appointments made in contravention of the statutory provisions are void ab initio.

In this case, the Odisha Administrative Tribunal allowed the Original Applications filed by the applicants (Hindi Teachers) thereby setting aside their termination and directing/allowing them to continue as Government servant as third teacher/Assistant Teacher in Middle English Schools with effect from 1st April, 2011, as regular teacher. The Orissa High Court upheld these orders.

Aggrieved with these orders, the State approached the Apex court essentially contending that the appointments made are contrary to Rules 5 and 6 of the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974, and as such, the appointments made, de hors the said Rules, cannot be sustained. On the other hand, the respondents contended that the said Rules would be applicable only to the appointments made on grant­ in­-aid basis and as such, to the post of Headmaster and to the one post of Assistant Teacher. Since the applicants/teachers, who were appointed on a third post, which was on non­ grant basis, they would not be governed by the said Rules

Referring to the records and also the provisions of the Rules, 1974, the bench noticed that the the appointment of all the applicants/respondents/teachers have been made directly by the respective Management without following the procedure as prescribed under the Rules/Statute.

"It is a trite law that the appointments made in contravention of the statutory provisions are void ab initio... We are unable to accept the contention that since the applicants/teachers were appointed on posts which were not on grant­in­aid basis, the said Rules are not applicable. The said Rules would clearly show that they are applicable to Aided Educational Institution.", the bench observed.

Allowing the appeal, the bench therefore dismissed the Original application filed by the respondents.

Case details

State of Odisha vs Sulekh Chandra Pradhan | 2022 LiveLaw (SC) 393 | CA 3036-­3064 OF 2022 | 20 April 2022

Coram: Justices L Nageswara Rao and B R Gavai

Counsel: Sr. Adv Chander Uday Singh for the appellant State, Sr. Adv R. Balasubramanian, Adv Gaurav Agrawal for respondents

Headnotes

Service Law - Appointments made in contravention of the statutory provisions are void ab initio.  [Referred to Official Liquidator vs. Dayanand and others (2008) 10 SCC 1] (Para 32)

Constitution of India, 1950 ; Article 136- Special Leave Petition - A mere dismissal of the Special Leave Petition would not mean that the view of the High Court has been approved by this Court. [Referred to Kunhayammed and others vs. State of Kerala and another (2000) 6 SCC 359 ] (Para 37)

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