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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 11331 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 5334 OF 2018]

SURESH MANI                                Appellant (s)

                               VERSUS

THE STATE OF UTTAR PRADESH & ORS.          Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. This  is  a  case  where  the  appellant  has  been

struggling  for  approval  as  a  Science  Teacher  ever

since 1986 under Respondent No. 5 – School.  There is

no dispute that there was sanction for the subject of

Science.  But, as rightly pointed out by the learned

Additional Advocate General appearing for the State,

there  was  no  sanction  for  the  post  of  Science

Teacher.   We  fail  to  understand  that  having

sanctioned  the  subject  in  a  school,  how  can  the

Department deny the sanction of a post of teacher.

The very purpose of sanctioning a subject is to have

said  subject  taught  in  the  school,  for  which  a

teacher is obviously required.

3. Be  that as  it may,  the fact  remains that  the

appellant was considered for the selection grade in

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the year 2003, as can be seen from the communication

dated 25.09.2003 of the District Inspector of School,

Deoria.  Therefore, the technical objection regarding

sanction  of  post  also  fades  into  insignificance.

Though we agree with the learned Additional Advocate

General for the State that there was no sanction for

the post, which was a statutory requirement, having

regard to the peculiar facts of this case, we are of

the view that the appellant should be deemed to be

appointed as a regular Science Teacher, in view of

the proposal made in 2003 for selection in the grade.

Ordered accordingly.  The appeal is, hence, allowed.

4. The  appellant  shall  be  deemed  to  be  a  duly

appointed teacher for all purposes.  We make it clear

that this Judgment is passed in the peculiar facts of

this case and therefore, shall not be treated as a

precedent.  All consequential benefits arising out of

the  impugned  Judgment  shall  be  disbursed  to  the

appellant within a period of three months from today.

No costs.  

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ HEMANT GUPTA ]  

New Delhi; November 26, 2018.