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2000 Supreme(All) 1434

V.M.SAHAI
RAKESH CHANDRA SHARMA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Birendra Pratap Singh, P.D.Tripathi

V. M. SAHAI, J.

( 1 ) JANTA Uchchatar Madhyamik Vidyalaya. Arkauli, Moradabad (In brief institution) was recognised on 26. 4. 1968 as Higher Secondary School. It was taken in grant-in-aid list under The uttar Pradesh Junior High Schools (Payment of Salaries to Teachers and Other Employees) Act. 1978 (in brief Act 1978) with effect from 1. 5. 1979. The institution was upgraded and granted unaided recognition as High School on 24. 9. 1993. Permission to open class-lx was granted on 4. 12. 1993. After upgradation of the institution as High School, a writ petition was filed before this Court being Civil Misc. Writ Petition No. 947 of 1995 and under the interim order of this court dated 11. 1. 1995, salary of teachers and staff of the institution is being paid from the grant-in-aid received by the institution under Act 1978, till the institution is brought in the grant-in-aid list of High School.

( 2 ) AFTER upgradation of the institution as High School, one clerk working in the institution was dismissed from service. The post of clerk fell vacant. The management Issued an advertisement on 2. 4. 1999 in newspaper nav Amar Bharat inviting applications for appointment on the post of clerk









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