Allahabad High Court Upholds Deemed Approval Rule for School Document Submissions

 

Introduction

The Allahabad High Court recently ruled that documents submitted for approval by an appointee must be deemed approved if the Basic Shiksha Adhikari (BSA) does not respond within 30 days, as per Rule 10 of the U.P. Recognized Basic School Rules, 1978. This ruling clarifies procedural obligations for educational authorities and strengthens the administrative processes governing school appointments.

Case Background

The case centered around Smt. Kavita Singh, who was appointed as an Assistant Teacher at Dr. Ambedkar Junior High School, Kaushambi in 1995. She served for 19 years before applying for the position of principal at Ram Kali Balika Purva Madhyamik Vidyalaya in Allahabad. The selection process concluded with Singh being shortlisted and the management forwarding a letter for approval to the BSA in June 2017. Despite the lapse of a month, no approval was granted, yet Singh received an appointment letter and began her duties as principal on July 25, 2017. However, due to non-payment of salary, Singh filed a writ petition.

Petitioner's Arguments

Singh’s counsel argued that all required documents, including an experience certificate, were submitted and signed by her, except for the experience certificate, which they claimed was manipulated by the school’s manager. They contended that the BSA’s failure to respond within the stipulated 30 days should result in automatic approval as per Rule 10 of the 1978 Rules.

Respondents' Arguments

The State and other respondents contended that the appointment was invalid due to the lack of BSA approval and an allegedly incorrect experience certificate. They argued that the certificate submitted was not Singh’s but another individual’s, undermining her claim of having 19 years of experience.

Court’s Analysis and Verdict

Justice Piyush Agarwal noted that Rule 10 mandates the BSA to either grant approval or return documents for corrections within 30 days. The court emphasized that the absence of a response from the BSA within this period results in automatic approval. The court found that the petitioner's documents, except the contested experience certificate, were duly signed by her. This discrepancy, coupled with the respondents accepting unsigned documents, indicated possible malfeasance.

The court relied on a previous ruling in Satendra Mani Dubey v. District Basic Shiksha Adhikari, Basti and 3 Ors., which upheld the principle of deemed approval after 30 days. The court ruled in Singh’s favor, directing the verification of her experience certificate within a month. If authenticated, Singh would continue as principal and receive her due salary.

Conclusion

This ruling underscores the importance of adherence to procedural timelines by educational authorities, ensuring fairness and transparency in school appointments. It reinforces the principle that administrative inaction cannot disadvantage appointees, thereby safeguarding their rights under the law.

Court Practice Community

WhatsApp Group Invite

Join WhatsApp Community