JUDGMENT

S.B. SINHA, J :

1. Appellant was appointed as an Assistant Teacher in C.T. Grade in an Intermediate College. Admittedly, essential qualifications and other conditions for recruitment there for are prescribed by Uttar Pradesh Secondary Education Services Selection Boards Act, 1982 (the Act) and the Rules framed thereunder. Section 16 of the Act provides for the essential qualifications. In terms of the Act, rules were framed by the State of Uttar Pradesh in 1983 known as the Uttar Pradesh Secondary Education Services Commission Rules (the Rules). Section 16 of the Act reads, thus :

"16. Appointments to be made only on the recommendations of the Board -(1) Notwithstanding anything to the contrary contained in the Intermediate Education Act, 1921 or the regulations made thereunder but subject to the provisions of Sections 12, 18, 21-B, 21-C, 21-D, 33, 33-A, 33-B, 33-C, 33-D, 33-E and 33-F, every appointment of a teacher, shall on or after the date of the commencement of the Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2001 be made by the management only on the recommendation of the Board":

Provided that in respect of retrenched employees, the prov