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2006 Supreme(All) 1966

AJOY NATH RAY, ASHOK BHUSHAN
SURENDRA PAL SINGH – Appellant
Versus
KAMLESH SINGH – Respondent


Advocates:
Counsel :
Indra Raj Singh for the Appellant; N.L. Pandey, C.S.C. for the Respondents.

JUDGMENT

By the Court.—In view of Section 18 of the U.P. Secondary Education Services Selection Board Act, 1982, the seniormost Lecturer is compulsorily to be selected as ad hoc Principal. The said Section is set out below :

“18. Ad hoc Principals or Headmasters.—(1) Where the Management has notified a vacancy to the Board in accordance with sub-section (1) of Section 10 and the post of the Principal or the Headmaster actually remained vacant for more than two months, the Management shall fill such vacancy on purely ad hoc basis by promoting the seniormost teacher—

(a) in the lecturer’s grade in respect of a vacancy in the post of the Principal;

(b) in the trained graduate’s grade in respect of a vacancy in the post of the Headmaster.

(2) Where the Management fails to promote the senior-most teacher under sub-section (1) the Inspector shall himself issue the order of promotion of such teacher and the teacher concerned shall be entitled to get his salary as the Principal or the Headmaster, as the case may be, from the date he joins such post in pursuance of such order of promotion.

(3) Where the teacher to whom the order of promotion is issued under sub-section (2) is unable to join the p








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