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2000 Supreme(All) 1561

V.M.SAHAI
DAYA SHANKAR PANDE – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
K.K.Chand, Uma Kant, Vinay Kumar Pathak

V. M. SAHAI, J.


( 1 ) IN this petition filed by a teacher appointed to short-term vacancy, one of the questions that arises for consideration is what is the effect of rescission of the Uttar Pradesh Secondary education Services Commission (Removal of Difficulties) (Second) Order, 1981 (in brief second Order) by insertion of Section 33e in the Uttar Pradesh Secondary Education Services selection Boards Act, 1982 (in brief the Act ).

( 2 ) MAHARSHI Durbasa Inter College, Kakara Dubawal, Allahabad (in brief institution) is a recognised and aided institution. Sri Yaduraj Singh an Assistant Teacher L. T. grade took medical leave from 1. 1. 1998 to 30. 6. 1998. The management on 1. 1. 1998 intimated the District Inspector of Schools (in brief D. I. O. S.) to fill the short-term vacancy. This letter does not appear to have been received by the D. I. O. S. The management notified the vacancy on 7. 1. 1998 on the notice board and on the same day advertisement was published in newspaper dainik Jagran. The petitioner was selected on 18. 1. 1998 and papers were forwarded to the D. I. O. S. for approval. It again is not clear whether this letter was received by the D. I. O. S. The management on




























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