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1986 Supreme(SC) 295

G. L. OZA, P. N. BHAGWATI
Deo Narain Singh – Appellant
Versus
Daddan Singh – Respondent


(1) WE are of the view that this is a fit case in which the order dated 27/01/1986 should be reviewed because not only the High Court but also this court proceeded on the basis that the Act applicable was the U.P. Junior High School (Payment of Salaries of Teachers and Other Employees) Act, 1978. In fact this Act was not applicable and the application for permission to discharge the respondents was made to the Basic Education Officer under Rule 15 of the U.P. Recognised Basic Schools and Junior High School (Recruitment and Conditions of Service of Teachers) Rules. 1978 framed under the Basic Education Act, 1972. We, therefore, set aside our order as also the order of the High court on the ground that it was not the U.P. Junior High School (Payment of Salaries of Teachers and Other Employees) Act, 1978 which applied but the U.P. Recognised Basic Schools and Junior High Schools (Recruitment and Conditions of Service of Teachers) Rules, 1978 framed under the Basic Education Act, 1972. The High court will consider the matter in this light and decide whether the termination of service of the respondents was valid or not. It will be open to the respondents to raise any contention

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