SHITLA PRASAD SHUKLA vs STATE OF U.P. & ORS.

The Supreme Court held that Section 16E of the Uttar Pradesh Intermediate Education Act does not allow for retrospective exemption for unqualified teachers. The Court clarified that the exemption can only be granted prospectively, emphasizing that until such exemption is granted, the individual lacks the necessary qualifications for appointment. The appellant's claim for seniority was dismissed as he was not lawfully appointed until the exemption was granted on July 23, 1963, and thus could not claim seniority over those who were regularly appointed earlier.