High School Teachers' Matter I 500 Words @ 90 WPM I Shorthand Dictations transcriptions

High School Teachers' Matter I 500 Words @ 90 WPM I Shorthand Dictations transcriptions

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Now coming to the second question, I am of the view that the appointment made on a post which is 20 not in accordance with would not confer any right upon the incumbent either to hold the post or to continue in service on such post in any manner. Mere length of service or lack of any fault on the part of the employee concerned is not relevant inasmuch it is the observance of statutory provisions and not the personal ⁰⁰ or individual act on the part of the parties concerned which would decide the rights of.. the persons to hold 100 the post. If a person does not possess the requisite qualification or is otherwise appointed on a particular post in violation of the statute, he/she cannot claim to have a right to continue in service simply because it has 140 worked for a long time for the reason that estoppel does not apply against statute and any appointment against the statute is void ab initio. Even, on the ground of sympathy, no such relief can be granted since a Court of 100 law is primarily concerned with rule of law consistent with constitutional provision and mere sympathy, which is directly against the statute and 200 constitutional provisions would be a case of misapplication of the understanding of principles of equity and justice. It 220 would be difficult to hold that an action which would be contrary to statute has the effect of violating others' 240 fundamental right of equal opportunity of employment, can be equitable and sympathetic though it is otherwise unconstitutional. A sympathy 60 or equity which will result in upholding illegal and unconstitutional orders or acts can-not be considered to be within the 200 four corners of principles of administration of justice in equitable exercise of power under Article 226 of the Constitution. It would be a travesty of justice if we allow the concept of sympathy or.... equity to influence the mind of 320 the Court even when the action is ex facie illegal and unconstitutional, violative of Article 16 (1) of the Constitution. Recently, the Apex Court has declined to grant any relief to a person merely because it has worked for long time 360 though did not possess requisite qualification at the time of appointment in accordance with..... rules and the appointment is not in 380 accordance with the procedure prescribed.

Now coming to the third question, it is no doubt true that before passing the 400 impugned resolution and giving effect thereto, no opportunity has been afforded to the petitioner by issuing a show cause 420 notice, but the petitioner has been given extensive hearing before this Court to show whether her appointment on the post " of 440 Assistant Teacher, Junior High School was valid and the arguments at length have been heard. In view of the discussion made 400 above, the only conclusion possible in the case in hand is that the appointment of the petitioner on the post of Assistant Teacher, Junior High School was in the teeth of the statutory rules and can not be sustained,
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