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1986 Supreme(SC) 194

P. N. BHAGWATI, R. S. PATHAK
Om Prakash Rana: Uday Pratap Singh: District Inspector Of Schools: Shashi Pal Singh – Appellant
Versus
Swarup Singh Tomar: Subedar Singh Chauhan: Raghunandan Prasad Bhatnagar: State Of U. P. – Respondent


Advocates:
A.D.SANGAR, A.K.SRIVASTAVA, G.C.Sanghi, MADAN LOKUR, PRAMOD DAYAL, Prashant Bhushan, R.B.MAHATO, Rajesh Agarwal, S.DIXIT, S.N.KACKAR, SHANTI BHUSHAN, U.S.Prasad

JUDGMENT

PATHAK, J.:— The principal question in these appeals is whether, in view of the enactment of the U.P. Secondary Education Services Commission and Selection Boards Act, 1982 and the Rules framed thereunder, the provisions contained in S. 16-G(2)(c) of the U.P. Intermediate Education Act, 1921 and Regulations 55 to 62 in Chapter III of the Regulations framed under that Act in respect of the transfer of a Principal from one Intermediate College to another continue to be operative and effective.

2. The Intermediate Education Act, 1921 (shortly referred to as the Education Act) and the Regulations framed thereunder provide inter alia for the conditions of service of Heads and of the teachers of such educational institutions. The appointment of the Heads and of teachers of educational institutions in the State continued to be governed by the Education Act for several years, but with the passage of time it came to be felt that the selections of teachers under the provisions of that Act and the Regulations were not always free and fair and moreover the field of selection was greatly restricted. As this adversely affected the availability of suitable teachers and the standards of ed











































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