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2023 Supreme(SC) 423

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA
State of Uttar Pradesh – Appellant
Versus
Rachna Hills – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Vikramjit Banerjee, ASG Mr. V.K. Shukla, Sr. Adv. Mr. Harish Pandey, AOR Mr. Vikas Bansal, Adv.
For the Respondent(s): Mr. Gaurav Agarwal, Adv. Mrs. Shristi Gupta, Adv. Mr. Sanjeet Paliwal, Adv. Mr. S K Garg, Adv. Mr. Abhishek Sharma, AOR Mr. Shankey Agrawal, AOR Mr. Vikash Singh, AOR Ms. Jaikriti S. Jadeja, AOR

JUDGMENT :

Pamidighantam Sri Narasimha, J.

1. Schools and intermediate educational institutions in the State of Uttar Pradesh are governed by the Uttar Pradesh Intermediate Education Act, 19211[hereinafter ‘the Act’], Rules and Regulations made thereunder. The procedure for the selection and appointment of Heads of Institutions and Teachers in minority institutions is provided in Section 16-FF of the Act and Regulation 17 of the Regulations2[Regulations under the Intermediate Education Act 1921, Chapter II, Regulation 17; hereinafter ‘Regulation 17’.] While the detailed procedure for selection is laid down in Regulation 17, sub-section (3) of Section 16-FF of the Act mandates that no person selected as a Teacher shall be appointed unless the proposal for appointment is approved by the District Inspector of Schools3[U.P. Intermediate Education Act 1921, section 16-FF(3) read with section 2(bb); hereinafter ‘DIOS’.].

2. In the present case, two minority institutions initiated the process of selection of Teachers and forwarded their proposals to the DIOS for approval. Before the requisite approval was granted, the Government amended Regulation 17, prescribing a new procedure for selectio


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